Legal Opinion

Ridley v. Commissioner

United States Tax Court

Decided June 8, 1972No. Docket No. 1814-71PublishedCited by 5 opinions

Petitioners granted Monsanto the right to mine phosphate from a deposit that promised to yield 116,000 tons in consideration of an advance royalty payment of $ 20,000 payable, whether or not any ore was removed, in 3 fixed annual installments plus 40 cents per ton for each additional ton removed over 50,000. Held, petitioners retained an economic interest in the phosphate, and the contract constitutes a mineral lease and not a sale of a capital asset.

1Opinion of the Court

Tietjens, Judge:

The Commissioner determined deficiencies in the income tax liability of petitioners for the taxable years 1967 and 1968 as follows:

Tear Deflcienev

1967 _:_$353.46

1968 _'_ 513. 00

The sole issue for our determination is whether payments received by petitioners under a contract to mine and remove phosphate from their land should be treated as gain from the sale of a capital asset or as ordinary income sub j ect to depletion.

FINDINGS OF FACT

The parties have stipulated certain facts which, together with the attached exhibits, are incorporated herein by this reference.

Campbell P.…

2Cases cited6 opinions

  1. Palmer v. BenderSupreme Court of the United States · 1932
  2. Nathaniel C. Wood and Gertrude L. Wood v. United StatesCourt of Appeals for the Fifth Circuit · 1967
  3. Louis Rabiner and Lena Rabiner, Husband and Wife v. Ernest W. Bacon, Director of Internal RevenueCourt of Appeals for the Eighth Circuit · 1967
  4. Day v. CommissionerUnited States Tax Court · 1970
  5. Rose v. CommissionerUnited States Tax Court · 1971

1 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Gammill v. CommissionerUnited States Tax Court · 1974
  2. O'Connor v. CommissionerUnited States Tax Court · 1982
  3. Gammill v. CommissionerUnited States Tax Court · 1974
  4. O'Connor v. CommissionerUnited States Tax Court · 1982
  5. Ridley v. CommissionerUnited States Tax Court · 1972

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