Legal Opinion

Meyers v. Commissioner

United States Tax Court

Decided May 10, 1976No. Docket No. 7445-74PublishedCited by 1 opinion

Held, sod is a "natural deposit," the proceeds from the sale of which are subject to an allowance for depletion under sec. 611(a), I.R.C. 1954.

1Opinion of the Court

Fay, Judge:

Respondent determined deficiencies in petitioners’ Federal income tax and an addition to tax as follows:

Addition to tax sec. 6653(a), Year Deficiency I.R.C. 1954

1970_ $17,472.43

1971_ 8,201.01 $410.05

Due to concessions, the sole issue for our decision is whether petitioners are entitled to claim an allowance for cost depletion of topsoil in their sod-growing operation.

FINDINGS OF FACT

Some of the facts have been stipulated and are so found.

Petitioners John W. Meyers, Jr., and Loma M. Meyers are husband and wife. They filed timely joint Federal income tax returns for the taxable years…

2Cases cited7 opinions

  1. Parsons v. SmithSupreme Court of the United States · 1959
  2. Day v. CommissionerUnited States Tax Court · 1970
  3. Reich v. CommissionerUnited States Tax Court · 1969
  4. United States v. Marvin Shurbet Et Ux.Court of Appeals for the Fifth Circuit · 1965
  5. Arthur E. Reich v. Commissioner of Internal Revenue, George D. Rowan v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1972

2 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Meyers v. CommissionerUnited States Tax Court · 1976

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