Portage Silica Co. v. Commissioner
United States Board of Tax Appeals
In a prior proceeding between the same parties involving tax liability for 1918, the fair market value at March 1, 1913, of petitioner's mineral deposit was finally determined. Held, in the present proceedings, involving the identical issue of fact, the former determination is res judicata and conclusive. Tait v. Western Marhland Ry. Co.,289 U.S. 620.
1Opinion of the Court
OPINION.
Trammell: These are consolidated proceedings for the redeter-mination of a deficiency in income and profits taxes for the year 1920 and of deficiencies in income tax for the years 1922 to 1929, both inclusive, as follows:
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The issues are (1) whether or not the determination by the Board, in a former proceeding, of the fair market value of the petitioner’s sand and gravel deposit at March 1, 1918, is res judicata and conclusive in respect of the same fact in the present proceedings, and, if not, then (2) what the fair market value as of March 1, 1913, of the petitioner’s…
2Cases cited6 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1877
- Southern Pacific Railroad v. United StatesSupreme Court of the United States · 1897
- Tait v. Western Maryland Railway Co.Supreme Court of the United States · 1933
- United States v. MoserSupreme Court of the United States · 1924
- Leininger v. CommissionerUnited States Board of Tax Appeals · 1934
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3Cited by5 opinions
- Wobber Bros. v. CommissionerUnited States Board of Tax Appeals · 1934
- Marshall v. CommissionerUnited States Board of Tax Appeals · 1934
- Farrell v. CommissionerUnited States Board of Tax Appeals · 1937
- Hartford-Empire Co. v. CommissionerUnited States Board of Tax Appeals · 1940
- Portage Silica Co. v. CommissionerUnited States Board of Tax Appeals · 1934