Legal Opinion

McCahill v. Commissioner

United States Board of Tax Appeals

Decided February 13, 1934No. Docket Nos. 69743-69746, 69766PublishedCited by 8 opinions

Depletion adjustments on the basis of a new estimate of ore reserves and a revaluation thereof denied. J. J. White Lumber Co.,24 B.T.A. 274, followed.

1Opinion of the Court

*1083OPINION.

Lansdon:

The single issue here is whether the ore content of a mine, valued in 1922 for estate tax purposes at $206,662.24, may be revalued later as a basis for computing deductions from income on *1084account of depletion. The Revenue Act of 1928 provides for a reasonable allowance for depletion and that the basis for the computation' thereof, when the property is transmitted by death of a prior owner, shall be its fair market value at- the time of death. In this proceeding the prior owner died on August 14,1922, and by the terms of her will the property in controversy was later…

2Cases cited5 opinions

  1. Brewster v. GageSupreme Court of the United States · 1930
  2. J. J. White Lumber Co. v. CommissionerUnited States Board of Tax Appeals · 1931
  3. Sterling Coal Co. v. CommissionerUnited States Board of Tax Appeals · 1927
  4. Big Four Oil & Gas Co. v. CommissionerUnited States Board of Tax Appeals · 1933
  5. Security Trust Co. v. CommissionerUnited States Board of Tax Appeals · 1931

3Cited by8 opinions

  1. W. M. Ritter Lumber Co. v. CommissionerUnited States Board of Tax Appeals · 1934
  2. Cape Henry Syndicate v. CommissionerUnited States Board of Tax Appeals · 1934
  3. Martini v. CommissionerUnited States Tax Court · 1969
  4. Commissioner of Internal Revenue v. Superior Yarn Mills, Inc.Court of Appeals for the Fourth Circuit · 1955
  5. Commissioner of Internal Revenue v. Superior Yarn Mills, Inc.Court of Appeals for the Fourth Circuit · 1955

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