Pitman v. Commissioner
United States Board of Tax Appeals
Petitioner, a full-blood Creek Indian, acquired an allotment of 160 acres of land, of which 40 acres were "homestead" and 120 acres were "surplus" lands. During the taxable year 1922, she leased said lands for a one-eighth royalty and received cash bonuses of $21,500 on the leases pertaining to the homestead and $111,000 on the leases pertaining to the surplus lands. Held, that for reasons stated in the opinion both bonuses were subject to taxation.
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Petitioner, a full-blood Creek Indian, acquired an allotment of 160 acres of land, of which 40 acres were "homestead" and 120 acres were "surplus" lands. During the taxable year 1922, she leased said lands for a one-eighth royalty and received cash bonuses of $21,500 on the leases pertaining to the homestead and $111,000 on the leases pertaining to the surplus lands. Held, that for reasons stated in the opinion both bonuses were subject to taxation. Held, further, that under our decision in Murphy Oil Co.,15 B.T.A. 1195, the entire amount of the bonuses totaling $132,500 was taxable income in…
1Opinion of the Court
*249OPINION.
Love:
The ultimate question involved in this proceeding is what portion, if any, of the cash bonus of $132,500 is taxable income to petitioner in 1922. The respondent determined-.that $36,370 was taxable, but now contends that $121,750 is taxable and has moved for an increased deficiency. .
We do not have before us the respondent’s computation showing how he arrived at the amount of $36,370, but that fact is not now material to the present disposition of the case, since the respondent now contends that $121,750 of the cash bonus is taxable instead of $36,370. The respondent bases his…
2Cases cited13 opinions
- Pollock v. Farmers' Loan & Trust Co.Supreme Court of the United States · 1895
- Pollock v. Farmers' Loan & Trust Co.Supreme Court of the United States · 1895
- Tiger v. Western Investment Co.Supreme Court of the United States · 1911
- Gillespie v. OklahomaSupreme Court of the United States · 1922
- The Cherokee TobaccoSupreme Court of the United States · 1871
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3Cited by7 opinions
- Holt v. CommissionerUnited States Tax Court · 1965
- Guaranty Trust Co. v. CommissionerUnited States Board of Tax Appeals · 1934
- Cleveland v. CommissionerUnited States Tax Court · 1983
- Griffith v. CommissionerUnited States Board of Tax Appeals · 1935
- Holt v. CommissionerUnited States Tax Court · 1965
2 more not listed; retrieve them via the Exa API.