Legal Opinion
James A. Rutledge and Mattie L. Rutledge v. United States
Court of Appeals for the Fifth Circuit
Decided June 22, 1970No. 28432PublishedCited by 30 opinions
1Opinion of the Court
AINSWORTH, Circuit Judge:
This case requires us to determine the proper tax treatment of income received by taxpayer 1 under contracts permitting the removal of sand and gravel from two tracts of taxpayer’s land. As in Wood v. United States, 5 Cir., 1967, 377 F.2d 300, cert. denied, 389 U.S. 977, 88 S.Ct. 465, 19 L.Ed.2d 472 (1967), the issue presented here is whether the contracts were in essence sales of minerals in place or were mineral leases. If these were sales agreements, the payments received by taxpayer constituted proceeds from the sale of capital assets and were taxable as capital…
2Cases cited25 opinions
- Burnet v. HarmelSupreme Court of the United States · 1932
- Palmer v. BenderSupreme Court of the United States · 1932
- Commissioner v. P. G. Lake, Inc.Supreme Court of the United States · 1958
- Burton-Sutton Oil Co. v. CommissionerSupreme Court of the United States · 1946
- Anderson v. HelveringSupreme Court of the United States · 1940
20 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Waterman Steamship Corporation v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1970
- Pleasanton Gravel Co. v. CommissionerUnited States Tax Court · 1975
- Earl Vest and Fay Vest, Petitioners-Appellees-Cross v. Commissioner of Internal Revenue, Respondent-Appellant-CrossCourt of Appeals for the Fifth Circuit · 1973
- Gammill v. CommissionerUnited States Tax Court · 1974
- Lesher v. CommissionerUnited States Tax Court · 1979
25 more not listed; retrieve them via the Exa API.