Legal Opinion

Thomas Coal Co. v. Commissioner

United States Board of Tax Appeals

Decided February 10, 1928No. Docket No. 8098Published

1. Income derived by a non-Indian lessee from a leasehold on the unallotted tribal lands of the Choctaw and Chickasaw tribes of Indians is not exempt from Federal taxation. 2. A corporation operating a mine on leased property and claiming a deduction from gross income of an amount for depreciation based upon an estimated useful life of the mine, and the mine having been abandoned subsequent to the taxable years under review, but before the taxes were finally determined,…

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1. Income derived by a non-Indian lessee from a leasehold on the unallotted tribal lands of the Choctaw and Chickasaw tribes of Indians is not exempt from Federal taxation. 2. A corporation operating a mine on leased property and claiming a deduction from gross income of an amount for depreciation based upon an estimated useful life of the mine, and the mine having been abandoned subsequent to the taxable years under review, but before the taxes were finally determined, thereby proving that the useful life of the mine was substantially less than the estimated life upon which the respondent…

1Opinion of the Court

THOMAS COAL CO., PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Thomas Coal Co. v. Commissioner

Docket No. 8098.

United States Board of Tax Appeals

10 B.T.A. 639; 1928 BTA LEXIS 4059;

February 10, 1928, Promulgated

1. Income derived by a non-Indian lessee from a leasehold on the unallotted tribal lands of the Choctaw and Chickasaw tribes of Indians is not exempt from Federal taxation.

2. A corporation operating a mine on leased property and claiming a deduction from gross income of an amount for depreciation based upon an estimated useful life of the mine, and the mine having been…

2Cases cited3 opinions

  1. Sterling Coal Co. v. CommissionerUnited States Board of Tax Appeals · 1927
  2. Thomas Coal Co. v. CommissionerUnited States Board of Tax Appeals · 1928
  3. Stouts Mountain Coal Co. v. CommissionerUnited States Board of Tax Appeals · 1926

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