Legal Opinion
H.J. Freede Josephine W. Freede Roger S. Folsom and Mary M. Folsom v. Commissioner of Internal Revenue
Court of Appeals for the Tenth Circuit
Decided January 27, 1989No. 86-2401, 86-2403PublishedCited by 8 opinions
1Opinion of the Court
EBEL, Circuit Judge.
H.J. and Josephine Freede and Roger and Mary Folsom (“Taxpayers”) petitioned the United States Tax Court for redetermi-nation of alleged deficiencies in taxes for the 1979 tax year. 1 The deficiencies relate to certain excess payments they received from Oklahoma Gas & Electric Company (“OG & E”) under a “take or pay” provision in gas supply contracts for gas not taken by OG & E during the year in question. A divided Tax Court held in favor of Taxpayers, finding that the excess payments created “production payments” within the meaning of Section 636(a) of the Internal…
2Cases cited16 opinions
- Securities and Exchange Commission v. W. J. Howey Co.Supreme Court of the United States · 1946
- Palmer v. BenderSupreme Court of the United States · 1932
- Burton-Sutton Oil Co. v. CommissionerSupreme Court of the United States · 1946
- Commissioner v. Southwest Exploration Co.Supreme Court of the United States · 1956
- Helvering v. Bankline Oil Co.Supreme Court of the United States · 1938
11 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Gulf Oil Corporation, in No. 89-2049 v. Commissioner of Internal Revenue. Commissioner of Internal Revenue, in No. 89-2050 v. Gulf Oil CorporationCourt of Appeals for the Third Circuit · 1990
- In Re BarnesUnited States Bankruptcy Court, E.D. Michigan · 2001
- Herbel v. CommissionerUnited States Tax Court · 1996
- United States v. VenturaDistrict Court, D. Kansas · 1998
- Bishop v. CommissionerUnited States Tax Court · 1989
3 more not listed; retrieve them via the Exa API.