Legal Opinion

Cline v. Commissioner

United States Tax Court

Decided March 7, 1977No. Docket Nos. 3517-75, 3518-75Published

In consideration for the negotiation of certain coal leases on behalf of the operator, petitioners acquired royalty interests in those leases. Subsequently, petitioners and the operator entered into a second contract whereby, in lieu of a royalty on coal mined from the specific leases, petitioners would receive a lesser royalty on all the coal handled by the operator.

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In consideration for the negotiation of certain coal leases on behalf of the operator, petitioners acquired royalty interests in those leases. Subsequently, petitioners and the operator entered into a second contract whereby, in lieu of a royalty on coal mined from the specific leases, petitioners would receive a lesser royalty on all the coal handled by the operator. Held, the second contract resulted in the sale or exchange of the royalty interests acquired by petitioners under the original contract; under the second contract, the petitioners did not retain an economic interest within the…

1Opinion of the Court

Herbert B. Cline, Jr., and Brisy Cline, Petitioners v. Commissioner of Internal Revenue, Respondent; John C. Cline and Mildred Cline, Petitioners v. Commissioner of Internal Revenue, Respondent

Cline v. Commissioner

Docket Nos. 3517-75, 3518-75

United States Tax Court

67 T.C. 889; 1977 U.S. Tax Ct. LEXIS 142;

March 7, 1977, Filed

Decisions will be entered under Rule 155.

In consideration for the negotiation of certain coal leases on behalf of the operator, petitioners acquired royalty interests in those leases. Subsequently, petitioners and the operator entered into a second contract whereby, in…

Also in this document: Dissent.

2Cases cited18 opinions

  1. Palmer v. BenderSupreme Court of the United States · 1932
  2. Commissioner v. P. G. Lake, Inc.Supreme Court of the United States · 1958
  3. Commissioner v. Southwest Exploration Co.Supreme Court of the United States · 1956
  4. Paragon Jewel Coal Co. v. CommissionerSupreme Court of the United States · 1965
  5. United States v. William D. Frazell and Martha T. FrazellCourt of Appeals for the Fifth Circuit · 1964

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