Lawton v. Commissioner
United States Tax Court
Petitioner (James M. Lawton, deceased), owner of certain timberland, entered into a contract with the Union Bag and Paper Corporation in 1952, which provided, inter alia, that petitioner lessor "granted, leased, and demised" for a period of 66 years to Union Bag, the "lessee," 2,414.49 acres of land for which the lessee agreed to pay a fixed annual "rental" of $ 1.75 per acre or a total of $ 4,225.36, throughout the full term of the agreement or until the option to purchase…
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Petitioner (James M. Lawton, deceased), owner of certain timberland, entered into a contract with the Union Bag and Paper Corporation in 1952, which provided, inter alia, that petitioner lessor "granted, leased, and demised" for a period of 66 years to Union Bag, the "lessee," 2,414.49 acres of land for which the lessee agreed to pay a fixed annual "rental" of $ 1.75 per acre or a total of $ 4,225.36, throughout the full term of the agreement or until the option to purchase the land was exercised. Regardless of whether or not any of the timber involved was cut, the lessee was to pay the fixed…
1Opinion of the Court
OPINION.
Fisher, Judge:
This consolidated proceeding involves deficiencies in income tax determined against petitioners as follows:
Docleet No. Year Amount
68444_ 1953 $434.79
68445_ 1954 622.50
The principal issue presented for our consideration is whether annual payments in the amount of $4,225.36, received by petitioners in each of the taxable years 1953 and 1954 under the terms of a contract which, among other things, gave Union Bag, the “lessee,” the exclusive use and control of petitioners’ (lessors’) land for timber farming, including the right to cut and remove a fixed amount of pulpwood…
2Cases cited12 opinions
- Burnet v. HarmelSupreme Court of the United States · 1932
- Commissioner v. P. G. Lake, Inc.Supreme Court of the United States · 1958
- Thomas v. PerkinsSupreme Court of the United States · 1937
- Kirby Petroleum Co. v. CommissionerSupreme Court of the United States · 1946
- William Louis Albritton v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1957
7 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Evans v. CommissionerUnited States Tax Court · 1967
- Gammill v. CommissionerUnited States Tax Court · 1974
- Wilmington Trust Co. v. United StatesUnited States Court of Claims · 1979
- Union Bag-Camp Paper Corporation v. The United StatesUnited States Court of Claims · 1963
- Milton Dyal v. United StatesCourt of Appeals for the Fifth Circuit · 1965
10 more not listed; retrieve them via the Exa API.