Otis A. Kittle v. Commissioner of Internal Revenue

Ninth Circuit

Otis A. Kittle v. Commissioner of Internal Revenue

229 F.2d 313

CourtCourt of Appeals for the Ninth Circuit

DecidedFebruary 14, 1956

Docket14402_1

StatusPublished

Cited by19 cases

This text of 229 F.2d 313 (Otis A. Kittle v. Commissioner of Internal Revenue) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Otis A. Kittle v. Commissioner of Internal Revenue, 229 F.2d 313 (9th Cir. 1956).

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Opinion

PER CURIAM.

This is a petition to review a decision of the Tax Court holding that amounts received by the petitioner in 1947 as payments under a lease of iron ore lands were royalties, taxable as ordinary income. The petitioner contends that the amounts received constituted capital gains from the sale of the minerals in place.

The decision of the Tax Court entered January 28, 1954, in this case, ordering and deciding that there is an overpayment for 1945 shall be modified by the addition of the following: ‘and that such portion of the tax was paid after the mailing of the notice of deficiency. Section 322(d) (1) (D), Internal Revenue Code of 1939 [26 U.S.C.A. § 322(d) (1) (D) ].’

As thus modified, we agree with the holding of the Tax Court and affirm its decision for the reason given in its opinion, 21 T.C. 79.

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PER CURIAM.

This is a petition to review a decision of the Tax Court holding that amounts received by the petitioner in 1947 as payments under a lease of iron ore lands were royalties, taxable as ordinary income. The petitioner contends that the amounts received constituted capital gains from the sale of the minerals in place.

The decision of the Tax Court entered January 28, 1954, in this case, ordering and deciding that there is an overpayment for 1945 shall be modified by the addition of the following: ‘and that such portion of the tax was paid after the mailing of the notice of deficiency. Section 322(d) (1) (D), Internal Revenue Code of 1939 [26 U.S.C.A. § 322(d) (1) (D) ].’

As thus modified, we agree with the holding of the Tax Court and affirm its decision for the reason given in its opinion, 21 T.C. 79.

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229 F.2d 313, Counsel Stack Legal Research, https://law.counselstack.com/opinion/otis-a-kittle-v-commissioner-of-internal-revenue-ca9-1956.

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