Legal Opinion

Bankers Mortg. Co. v. Commissioner

United States Tax Court

Decided March 2, 1943No. Docket No. 106993PublishedCited by 5 opinions

In 1937 petitioner had a transaction with the Humble Oil & Refining Co. by which it received from that company $ 300,000 in cash and executed to Humble its two nonnegotiable notes due on or before thirty years after date, and at the same time executed a deed of trust purporting to secure payment of these notes by an assignment to a trustee of certain oil and gas and sulphur interests and royalties, and on the same day, and as a part of the same transaction, petitioner and…

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In 1937 petitioner had a transaction with the Humble Oil & Refining Co. by which it received from that company $ 300,000 in cash and executed to Humble its two nonnegotiable notes due on or before thirty years after date, and at the same time executed a deed of trust purporting to secure payment of these notes by an assignment to a trustee of certain oil and gas and sulphur interests and royalties, and on the same day, and as a part of the same transaction, petitioner and Humble executed a contract modifying in certain important particulars the provisions of the notes and deed of trust. Held,…

1Opinion of the Court

OPINION.

Black, Judge:

As has already been stated, the primary question in this proceeding is whether the transaction by which Humble paid $300,000 to petitioner in 1937 and took petitioner’s nonnegotiable notes therefor and also received a transfer from petitioner of certain mineral interests, including oil and gas royalties, was a sale by petitioner to Humble, as the Commissioner has determined, or whether it was a loan by Humble to petitioner — repayable by petitioner and secured by a mortgage, as petitioner contends. If it was a loan, then of course it follows that the $300,000 in question…

2Cases cited5 opinions

  1. Palmer v. BenderSupreme Court of the United States · 1932
  2. Doyle v. Mitchell Brothers Co.Supreme Court of the United States · 1918
  3. In re Grand Union Co.Court of Appeals for the Second Circuit · 1914
  4. Hammond v. CommissionerUnited States Tax Court · 1942
  5. Vinson v. W. T. Carter Bro.Court of Appeals of Texas · 1913

3Cited by5 opinions

  1. Bankers Mortgage Company v. United StatesCourt of Appeals for the Fifth Circuit · 1970
  2. United States v. James L. IveyCourt of Appeals for the Fifth Circuit · 1969
  3. Bankers Mortg. Co. v. CommissionerUnited States Tax Court · 1943
  4. Crabtree v. CommissionerUnited States Tax Court · 1984
  5. Gap Anthracite Co. v. CommissionerUnited States Tax Court · 1972

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