Legal Opinion

Black Mountain Corp. v. Commissioner

United States Tax Court

Decided February 25, 1954No. Docket Nos. 36833, 45384Published

Oil treatment applied by petitioner at the mine to portion of its bituminous coal held not shown to be an ordinary treatment process normally applied in order to obtain the commercially marketable mineral product or products within the meaning of section 114 (b) (4), Internal Revenue Code, so as to permit inclusion of proceeds thereof in "gross income from the property" for purposes of computing percentage depletion.

1Opinion of the Court

The Black Mountain Corporation, Petitioner, v. Commissioner of Internal Revenue, Respondent

Black Mountain Corp. v. Commissioner

Docket Nos. 36833, 45384

United States Tax Court

21 T.C. 746; 1954 U.S. Tax Ct. LEXIS 290; 3 Oil & Gas Rep. 499;

February 25, 1954, Promulgated

Decisions will be entered for the respondent.

Oil treatment applied by petitioner at the mine to portion of its bituminous coal held not shown to be an ordinary treatment process normally applied in order to obtain the commercially marketable mineral product or products within the meaning of section 114 (b) (4), Internal Revenue…

Also in this document: Dissent.

2Cases cited7 opinions

  1. International Talc Co. v. CommissionerUnited States Tax Court · 1950
  2. New Idria Quicksilver Min. Co. v. COM'R OF INTERNAL REV.Court of Appeals for the Ninth Circuit · 1944
  3. Brea Cannon Oil Co. v. Commissioner of Internal Rev.Court of Appeals for the Ninth Circuit · 1935
  4. Brea Canon Oil Co. v. CommissionerUnited States Board of Tax Appeals · 1934
  5. E. J. Lavino & Co. v. United StatesDistrict Court, E.D. Pennsylvania · 1947

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