Anderson v. Commissioner
United States Board of Tax Appeals
1. Payment by taxpayer of a judgment for liability for death of another resulting from driving his automobile, held, under the circumstances, too remote to be deductible as a loss sustained in business. 2. Amounts received as consideration for mineral deeds in Oklahomaheld ordinary income and not capital gain.
1Dissent
Black,
dissenting: I am unable to agree that Burnet v. Harmel, 287 U.S. 103, and Alexander v. King, 46 Fed. (2d) 235, cited in the majority opinion, control the disposition of the instant case and justify the Board in sustaining the Commissioner in his plea for an increased deficiency.
It should be noted that the conveyances here involved are not oil and gas leases. What petitioner did was to execute several mineral deeds transferring to various persons fractional “interests in and to all of the oil, gas, and other minerals in and under, and that may be produced from, the following described…
2Cases cited3 opinions
- Burnet v. HarmelSupreme Court of the United States · 1932
- Harmel v. CommissionerUnited States Board of Tax Appeals · 1930
- Murphy v. CommissionerUnited States Board of Tax Appeals · 1927