Legal Opinion

National Lead Co. v. Commissioner

United States Tax Court

Decided March 14, 1955No. Docket No. 37694Published

1. Deduction -- Percentage Depletion -- Metal Mine -- Sec. 114 (b) (4). -- The petitioner's mine producing ilmenite concentrate was a metal mine within the meaning of section 114 (b) (4) although none of the titanium contained in the ilmenite concentrate was reduced to metal on a commercial basis. 2. Development Stage of an Open Mine -- Mining Costs -- Regs. 111, Sec. 29.23 (m)-15 (a). -- Costs of removing part of overburden and cutting benches in this case were not…

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1. Deduction -- Percentage Depletion -- Metal Mine -- Sec. 114 (b) (4). -- The petitioner's mine producing ilmenite concentrate was a metal mine within the meaning of section 114 (b) (4) although none of the titanium contained in the ilmenite concentrate was reduced to metal on a commercial basis. 2. Development Stage of an Open Mine -- Mining Costs -- Regs. 111, Sec. 29.23 (m)-15 (a). -- Costs of removing part of overburden and cutting benches in this case were not development costs which should be capitalized but were ordinary mining expenses or costs. 3. Deduction -- Depletion -- War…

1Opinion of the Court

National Lead Company, Petitioner, v. Commissioner of Internal Revenue, Respondent

National Lead Co. v. Commissioner

Docket No. 37694

United States Tax Court

23 T.C. 988; 1955 U.S. Tax Ct. LEXIS 227;

March 14, 1955, Filed

Decision will be entered under Rule 50.

1. Deduction -- Percentage Depletion -- Metal Mine -- Sec. 114 (b) (4). -- The petitioner's mine producing ilmenite concentrate was a metal mine within the meaning of section 114 (b) (4) although none of the titanium contained in the ilmenite concentrate was reduced to metal on a commercial basis.

2. Development Stage of an Open Mine -- Mining…

2Cases cited12 opinions

  1. Charles Ilfeld Co. v. HernandezSupreme Court of the United States · 1934
  2. Earle, Collector of Internal Revenue v. W. J. Jones & Son, Inc. United States v. W. J. Jones & Son, IncCourt of Appeals for the Ninth Circuit · 1952
  3. McLaughlin v. Pacific Lumber Co.Supreme Court of the United States · 1934
  4. Bush Terminal Bldgs. Co. v. CommissionerUnited States Tax Court · 1946
  5. Arkansas-Oklahoma Gas Co. v. Commissioner of Internal Revenue (Two Cases)Court of Appeals for the Eighth Circuit · 1953

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