Legal Opinion

Estate of Bryan v. Commissioner

United States Tax Court

Decided June 16, 1960No. Docket Nos. 67236, 67237Published

Twelve sand, rock, and gravel quarries were geographically separated by distances up to 225 miles. Insofar as possible, all were operated as part of a single business. Held, for purposes of determining the allowable percentage depletion deduction, each quarry is considered to be a separate property. Sec. 114(b)(4)(A), I.R.C. 1939.

1Opinion of the Court

Estate of James E. Bryan, Deceased, First Citizens Bank and Trust Company, Executor, Petitioner, v. Commissioner of Internal Revenue, Respondent. Estate of Mary Z. Bryan, Deceased, Byron E. Bryan, Executor, Petitioner * v. Commissioner of Internal Revenue, Respondent

Estate of Bryan v. Commissioner

Docket Nos. 67236, 67237

United States Tax Court

34 T.C. 501; 1960 U.S. Tax Ct. LEXIS 128;

June 16, 1960, Filed

Decisions will be entered under Rule 50.

Twelve sand, rock, and gravel quarries were geographically separated by distances up to 225 miles. Insofar as possible, all were operated as part of a…

2Cases cited6 opinions

  1. Black Mountain Corp. v. CommissionerUnited States Tax Court · 1945
  2. Island Creek Coal Co. v. CommissionerUnited States Tax Court · 1958
  3. Amherst Coal Co. v. CommissionerUnited States Tax Court · 1948
  4. Helvering v. Jewel Mining Co.Court of Appeals for the Eighth Circuit · 1942
  5. Jewel Mining Co. v. CommissionerUnited States Board of Tax Appeals · 1941

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