McLean v. Commissioner
United States Tax Court
Petitioners are trust beneficiaries of a trust which during the years in question was the lessor in certain mining leases. Under the terms of each lease the lessee was to pay to the trust a royalty on each ton of iron ore mined and removed and to pay ad valorem taxes on the minerals in place. Respondent disallowed that portion of the depletion deduction taken by the lessor attributable to the inclusion in gross income of ad valorem taxes paid by the lessees.
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Petitioners are trust beneficiaries of a trust which during the years in question was the lessor in certain mining leases. Under the terms of each lease the lessee was to pay to the trust a royalty on each ton of iron ore mined and removed and to pay ad valorem taxes on the minerals in place. Respondent disallowed that portion of the depletion deduction taken by the lessor attributable to the inclusion in gross income of ad valorem taxes paid by the lessees. Held, the issue is ruled by our opinion in Winifred E. Higgins, 33 T.C. 161, that the petitioners, who are in the position of lessors,…
1Opinion of the Court
John W. McLean and Dolores F. McLean, et al., 1 Petitioners v. Commissioner of Internal Revenue, Respondent
McLean v. Commissioner
Docket Nos. 4409-67, 4443-67, 4444-67, 4445-67, 4446-67, 4447-67, 4448-67, 4449-67, 4450-67, 4451-67, 4452-67, 4470-67, 4471-67
United States Tax Court
54 T.C. 569; 1970 U.S. Tax Ct. LEXIS 187;
March 23, 1970, Filed
Decisions will be entered under Rule 50.
Petitioners are trust beneficiaries of a trust which during the years in question was the lessor in certain mining leases. Under the terms of each lease the lessee was to pay to the trust a royalty on each ton of iron…
Also in this document: Concurrence.
2Cases cited13 opinions
- Douglas v. CommissionerSupreme Court of the United States · 1944
- State Ex Rel. Inter-State Iron Co. v. ArmsonSupreme Court of Minnesota · 1926
- Marble v. Oliver Iron Mining Co.Supreme Court of Minnesota · 1927
- United States Steel Corporation v. United StatesDistrict Court, S.D. New York · 1967
- Burt v. United StatesUnited States Court of Claims · 1959
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