Legal Opinion

Anthony's Estate v. Commissioner of Internal Revenue

Court of Appeals for the Tenth Circuit

Decided May 20, 1946No. 3260PublishedCited by 13 opinions

1Opinion of the Court

MURRAH, Circuit Judge.

The question presented by this appeal is whether a taxpayer on a cash basis, who makes a gift in 1937 of an interest in an nil and gas lease, together with the impounded income therefrom, is taxable upon the actual receipt of such income by the donee and his assignees in 1940.

The decedent, S. W. Anthony, 1 and the Klingensmith Oil Company each owned an undivided interest in an oil and gas lease, which Klingensmith developed by drilling five oil wells thereon without consulting or obtaining Anthony’s permission. Both parties however executed division orders authorizing…

2Cases cited11 opinions

  1. Helvering v. HorstSupreme Court of the United States · 1940
  2. North American Oil Consolidated v. BurnetSupreme Court of the United States · 1932
  3. Corliss v. BowersSupreme Court of the United States · 1930
  4. Harrison v. SchaffnerSupreme Court of the United States · 1941
  5. Helvering v. EubankSupreme Court of the United States · 1941

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

3Cited by13 opinions

  1. Floyd v. Scofield, Collector of Internal RevenueCourt of Appeals for the Fifth Circuit · 1952
  2. Austin v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1947
  3. Jones v. CommissionerCourt of Appeals for the Fifth Circuit · 1962
  4. McRitchie v. CommissionerUnited States Tax Court · 1956
  5. Cold Metal Process Co. v. CommissionerUnited States Tax Court · 1956

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

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