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Laird v. Commissioner of Internal Revenue

Laird v. Comm'r of Internal Revenue, 97 F.2d 730 (5th Cir. 1938)
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Court
Court of Appeals for the Fifth Circuit · U.S. Courts of Appeals
Decided
June 29, 1938
Docket
No. 8678
Judges
Foster, Sibley, and Holmes, Circuit Judges
Citations
97 F.2d 73021 A.F.T.R. (P-H) 5741938 U.S. App. LEXIS 4762

Opinion — Foster

*731 FOSTER, Circuit Judge.

The question presented for decision in this case is whether petitioner, who had executed an oil and gas lease for a consideration paid partly in cash and to he paid partly out of oil to be produced from the lease, but without retaining a royalty interest, was entitled to depletion on the cash received The Board decided that petitioner was not entitled to claim depletion on the cash payment. We may refer to the opinion of the Board for the facts in detail without repeating them. See 35 B.T.A. 75 . On the authority of Commissioner v. Fleming, 5 Cir., 82 F.2d 324 ; Blankenship v. United States, 5 Cir., 95 F.2d 507 ; Helvering v. O’Donnell, 58 S.Ct. 619 , 82 L.Ed. -; and Helvering v. Elbe Oil Land Development Co., 58 S.Ct. 621 , 82 L.Ed. -, the decision of the Board is Affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1939: 11941: 319392026peak 1941 · 3

Relies on it most ⓘ

  1. Hammonds v. Commissioner of Internal Revenue106 F.2d 420 (10th Cir. 1939)
  2. Cullen v. Commissioner of Internal Revenue118 F.2d 651 (5th Cir. 1941)
  3. Badger Oil Co. v. Commissioner of Internal Revenue118 F.2d 791 (5th Cir. 1941)
  4. Commissioner v. Roeser & Pendleton, Inc.118 F.2d 462 (5th Cir. 1941)

Most recent

  1. Badger Oil Co. v. Commissioner of Internal Revenue118 F.2d 791 (5th Cir. 1941)
  2. Cullen v. Commissioner of Internal Revenue118 F.2d 651 (5th Cir. 1941)
  3. Commissioner v. Roeser & Pendleton, Inc.118 F.2d 462 (5th Cir. 1941)
  4. Hammonds v. Commissioner of Internal Revenue106 F.2d 420 (10th Cir. 1939)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 5

DepthCaseCited by
Helvering v. Elbe Oil Land Dev. Co., 303 U.S. 372 (1938) 112
Helvering v. O'Donnell, 303 U.S. 370 (1938) 97
Comm'r of Internal Revenue v. Fleming, 82 F.2d 324 (5th Cir. 1936) 34
Blankenship v. United States, 95 F.2d 507 (5th Cir. 1938) 5
Laird v. Comm'r, 35 B.T.A. 75 (B.T.A. 1936) 2

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