Legal Opinion
Estate of Marian H. Walker, Deceased v. Commissioner of Internal Revenue (Three Cases)
Court of Appeals for the Third Circuit
Decided July 12, 1972No. 71-1331 to 71-1333PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
MAX ROSENN, Circuit Judge.
The sole issue of this appeal is whether the Tax Court erred in finding that Mrs. Walker and her estate received ordinary income from the sale of sand and gravel (fill) on her land. 1
Appellant and the Government agree on the applicable principles of law. Bur-net v. Harmel, 287 U.S. 103, 53 S.Ct. 74, 77 L.Ed. 199 (1932), held that mineral royalties paid under a lease were ordinary income to the taxpayer. However, if the minerals were sold outright, the taxpayer could take capital gain under the applicable provisions of the Internal Revenue Code,…
2Cases cited21 opinions
- Burnet v. HarmelSupreme Court of the United States · 1932
- Palmer v. BenderSupreme Court of the United States · 1932
- Commissioner v. Southwest Exploration Co.Supreme Court of the United States · 1956
- Nathaniel C. Wood and Gertrude L. Wood v. United StatesCourt of Appeals for the Fifth Circuit · 1967
- Dann v. CommissionerUnited States Tax Court · 1958
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3Cited by4 opinions
- Pleasanton Gravel Co. v. CommissionerUnited States Tax Court · 1975
- Filgo v. United StatesDistrict Court, N.D. Texas · 1974
- F. & G. Sand & Gravel Co. v. CommissionerUnited States Tax Court · 1976
- Pleasanton Gravel Co. v. CommissionerUnited States Tax Court · 1975