Champlin v. Commissioner
United States Board of Tax Appeals
1. An alternative issue raised before trial, which is not decided by the Board but expressly reserved because the primary issue upon which the alternative depends is decided favorably to the pleader, is within the Board's power to decide after the decision on the primary issue has been reversed by the Circuit Court of Appeals and the case remanded for further proceedings consistent with the court's opinion. 2. A taxpayer's deduction under section 214(a)(10), Revenue Act of…
Read the full summary
1. An alternative issue raised before trial, which is not decided by the Board but expressly reserved because the primary issue upon which the alternative depends is decided favorably to the pleader, is within the Board's power to decide after the decision on the primary issue has been reversed by the Circuit Court of Appeals and the case remanded for further proceedings consistent with the court's opinion. 2. A taxpayer's deduction under section 214(a)(10), Revenue Act of 1918, for discovery depletion is based upon the fair market value of his interest, and where his interest is at the time…
1Opinion of the Court
H. H. CHAMPLIN, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.
Champlin v. Commissioner
Docket No. 22486.
United States Board of Tax Appeals
31 B.T.A. 587; 1934 BTA LEXIS 1062;
November 14, 1934, Promulgated
1. An alternative issue raised before trial, which is not decided by the Board but expressly reserved because the primary issue upon which the alternative depends is decided favorably to the pleader, is within the Board's power to decide after the decision on the primary issue has been reversed by the Circuit Court of Appeals and the case remanded for further proceedings…
2Cases cited20 opinions
- North American Oil Consolidated v. BurnetSupreme Court of the United States · 1932
- Palmer v. BenderSupreme Court of the United States · 1932
- In Re Sanford Fork & Tool Co.Supreme Court of the United States · 1895
- United States v. LudeySupreme Court of the United States · 1927
- Lynch v. Alworth-Stephens Co.Supreme Court of the United States · 1925
15 more not listed; retrieve them via the Exa API.