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Bankers Mortg. Co. v. Commissioner

BANKERS MORTG. CO. v. COMMISSIONER OF INTERNAL REVENUE

Bankers Mortg. Co. v. Comm'r, 141 F.2d 357 (5th Cir. 1944)
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Court
Court of Appeals for the Fifth Circuit · U.S. Courts of Appeals
Decided
March 10, 1944
Docket
No. 10821
Judges
McCord, Sibley, Waller
Citations
141 F.2d 35732 A.F.T.R. (P-H) 3891944 U.S. App. LEXIS 4349

Opinion of the Court

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PER CURIAM.

The Tax Court held that the transaction between the taxpayer and the Humble Oil and Refining Company was a sale of mineral rights and not a loa'n and mortgage secured thereby. We concur. We do not see that any useful purpose would be served by an extended recitation of the details of the agreements between the taxpayer and the Oil Company. As in Griffiths v. Commissioner, 308 U.S. 355 , 60 S.Ct. 277, 278 , 84 L.Ed. 319 , the court, looking through form to substance, regards the situation as “a technically elegant arrangement whereby an intricate outward appearance was given to the simple sale” from the taxpayer to the Oil Company. The decision of the Tax Court is, therefore, affirmed both on the main issue and on the alternative contention that the taxpayer was entitled to depletion allowances.

Affirmed.

Dissent — Sibley

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SIBLEY, Circuit Judge

(dissenting).

Griffiths v. Commissioner, 308 U.S. 355 , 60 S.Ct. 277 , 84 L.Ed. 319 , is not at all like this case. In that, it was found as a *358 fact that there was a scheme to evade the tax on the taxpayer by creating a corporation wholly owned by him to take a gain which should have gone to the taxpayer. In this case the Tax Court in its first opinion said things which indicated it doubted the sincerity of the instruments here involved. It entertained a motion to reopen the case for additional evidence on that question, and overruled the motion because, supposing the facts sought to be proved to be established, the decision would be the same on a mere construction of the written instruments. Taking them at their face value, I think they show a loan without personal liability secured by a transfer of oil royalties to be applied to the repayment of the loan, with options to the parties touching the purchase of all mineral interests in the lands on the happening of stated events. These elaborate options are testified to have been provided to protect the taxpayer’s possible rights to oil at lower depths than were being worked under the present lease which the lender and lessee might not wish to develop or buy, but which the taxpayer might wish to retain if the shallow oil should be exhausted. I think there was no outright sale unless and until the option to buy was exercised as provided therein.

How later courts describe this case

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

1944: 11945: 11952: 11953: 11969: 11970: 11972: 11984: 119442026peak 1944 · 1

Relies on it most ⓘ

  1. Bankers Mortgage Company v. United States423 F.2d 73 (5th Cir. 1970)
  2. Benton v. Commissioner of Internal Revenue197 F.2d 745 (5th Cir. 1952)
  3. Haley v. Commissioner of Internal Revenue203 F.2d 815 (5th Cir. 1953)
  4. Old Colony Trust Associates v. Hassett150 F.2d 179 (1st Cir. 1945)
  5. United States v. James L. Ivey414 F.2d 199 (5th Cir. 1969)
  6. Bankers Mortgage Co. v. Commissioner142 F.2d 130 (5th Cir. 1944)

Most recent

  1. Crabtree v. Commissioner1984 T.C. Memo. 450
  2. Gap Anthracite Co. v. Commissioner1972 T.C. Memo. 189
  3. Bankers Mortgage Company v. United States423 F.2d 73 (5th Cir. 1970)
  4. United States v. James L. Ivey414 F.2d 199 (5th Cir. 1969)
  5. Haley v. Commissioner of Internal Revenue203 F.2d 815 (5th Cir. 1953)
  6. Benton v. Commissioner of Internal Revenue197 F.2d 745 (5th Cir. 1952)

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 1

DepthCaseCited by
Griffiths v. Comm'r, 308 U.S. 355 (1939) 300

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