Legal Opinion
James E. Rhude, and Joan J. Rhude v. United States
Court of Appeals for the Eighth Circuit
Decided September 5, 1985No. 84-5172Published
1Opinion of the Court
LAY, Chief Judge.
James E. Rhude is a shareholder in Rhude & Fryberger, Inc., a mining corporation located in northern Minnesota. The corporation has elected subchapter S status; taxpayers now challenge their liability on their 1973 joint return for the minimum tax, see 26 U.S.C. § 56 (1970), on a tax preference item consisting of their share of a $97,487 percentage depletion deduction, see 26 U.S.C. §§ 611, 613 (1970), taken by Rhude & Fryberger, Inc. The taxpayers timely filed their 1973 income tax return and subsequently filed a refund claim which in relevant part was disallowed. Suit was…
2Cases cited5 opinions
- Commissioner v. Glenshaw Glass Co.Supreme Court of the United States · 1955
- Graff v. CommissionerUnited States Tax Court · 1980
- Aaron L. Kolom and Serita Kolom v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1981
- Sam E. Wyly v. United StatesCourt of Appeals for the Fifth Circuit · 1981
- Rhude v. United StatesDistrict Court, D. Minnesota · 1984