Legal Opinion

Dunn & Baker v. Commissioner

United States Board of Tax Appeals

Decided May 8, 1934No. Docket Nos. 65056, 68687Published

DEPLETION - DISCOVERY VALUE. - A basalt rock quarry is not a "mine" and deductions for depletion thereof may not be based on discovery value. Further, the evidence does not establish fair market value at the basic date, which is a necessary element to the allowance of depletion deductions on the basis of discovery value.

1Opinion of the Court

DUNN & BAKER, INCORPORATED, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Dunn & Baker v. Commissioner

Docket Nos. 65056, 68687.

United States Board of Tax Appeals

30 B.T.A. 663; 1934 BTA LEXIS 1288;

May 8, 1934, Promulgated

DEPLETION - DISCOVERY VALUE. - A basalt rock quarry is not a "mine" and deductions for depletion thereof may not be based on discovery value. Further, the evidence does not establish fair market value at the basic date, which is a necessary element to the allowance of depletion deductions on the basis of discovery value.

Wilson S. Wiley, Esq., and J. Q. D'Albini,…

2Cases cited1 opinion

  1. Dunn & Baker v. CommissionerUnited States Board of Tax Appeals · 1934

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