Estate of Bryan v. Commissioner
United States Tax Court
Twelve sand, rock, and gravel quarries were geographically separated by distances up to 225 miles. Insofar as possible, all were operated as part of a single business. Held, for purposes of determining the allowable percentage depletion deduction, each quarry is considered to be a separate property. Sec. 114(b)(4)(A), I.R.C. 1939.
1Opinion of the Court
Pierce, Judge:
The respondent determined deficiencies in the petitioners’ income taxes, and also additions to tax, as follows:
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The cases were consolidated for trial.
The sole issue for decision is whether or not the petitioners are entitled to treat 12 geographically separate rock, sand, and gravel quarries as a single property for the purpose of computing the allowable percentage depletion deduction of a partnership of which the decedents had been members.
The petitioners have conceded that they are liable for the addition to tax under section 294(d) (1) (B) in the amount of…
2Cases cited5 opinions
- Black Mountain Corp. v. CommissionerUnited States Tax Court · 1945
- Cartan v. CommissionerUnited States Tax Court · 1958
- Amherst Coal Co. v. CommissionerUnited States Tax Court · 1948
- Helvering v. Jewel Mining Co.Court of Appeals for the Eighth Circuit · 1942
- Jewel Mining Co. v. CommissionerUnited States Board of Tax Appeals · 1941
3Cited by3 opinions
- Estate of Bryan v. CommissionerUnited States Tax Court · 1963
- Lloyd Corp. v. RiddellDistrict Court, S.D. California · 1963
- Estate of Bryan v. CommissionerUnited States Tax Court · 1960