Legal Opinion
West v. Commissioner of Internal Revenue
Court of Appeals for the Fifth Circuit
Decided July 24, 1945No. 11178-11181PublishedCited by 29 opinions
1Opinion of the Court
HOLMES, Circuit Judge.
These consolidated proceedings involve income-tax deficiencies for the year 1938. By deed the petitioners transferred to the Humble Oil & Refining Company certain lands, improvements thereon, and minerals therein, subject to the terms of a contemporaneous collateral agreement. The Tax Court held that the profit from the sale of the surface of the land and improvements was a capital gain, but that such part of the consideration as was attributable to the mineral rights represented a bonus or advance royalties.
There is no question here with respect to the surface of the…
2Cases cited18 opinions
- Hormel v. HelveringSupreme Court of the United States · 1941
- Dobson v. CommissionerSupreme Court of the United States · 1944
- Palmer v. BenderSupreme Court of the United States · 1932
- Trust Under the Will of Bingham v. CommissionerSupreme Court of the United States · 1945
- Anderson v. HelveringSupreme Court of the United States · 1940
13 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Benton v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1952
- William Louis Albritton v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1957
- Louis L. Gowans and Helen T. Gowans, Husband and Wife v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1957
- Highland Hills Swimming Club, Inc., a Corporation v. Earl R. Wiseman, District Director Internal RevenueCourt of Appeals for the Tenth Circuit · 1959
- Haley v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1953
24 more not listed; retrieve them via the Exa API.