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Burnet Vs. Harmel

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  • US Supreme Court
  • Nov 07, 1932

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57 entries 6 linked 51 unlinked
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  1. Burk-waggoner Oil Assn. Vs. Hopkins US Supreme Court · Nov 16, 1925
  2. United States Vs. Childs US Supreme Court · Nov 24, 1924
  3. Poe Vs. Seaborn US Supreme Court · Nov 24, 1930
  4. Eisner Vs. Macomber US Supreme Court · Mar 08, 1920
    Relied / Followed
  5. Southern Pacific Co. Vs. Lowe US Supreme Court · Jun 03, 1918
    Relied / Followed
  6. United States Vs. Merriam US Supreme Court · Nov 12, 1923
  7. U.S. 103 (1932) U.S. Supreme Court Burnet v. Harmel
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  8. U.S. 103 (1932) Burnet v. Harmel
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  9. as receipts from a sale of capital assets within the meaning of the Revenue Act, supra. Group No. 1 Oil Corp. v. Bass
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  10. was reversed by the Court of Appeals for the Fifth Circuit, 56 F.2d 153, following its earlier decision in Ferguson v. Commissioner
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  11. decision below with that of the Court of Claims, under corresponding provisions of the Revenue Act of 1921, in Hirschi v. United
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  12. Alexander v. King
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  13. incident, rather than a sale of the land or of any interest in it or in its mineral content. Stratton's Independence v. Howbert
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  14. Von Baumbach v. Sargent
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  15. respect to the proceeds of mining operations carried on by the corporate owner on its land, Stratton's Independence v. Page
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  16. Goldfield Consolidated Mines v. Scott
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  17. Stanton v. Baltic
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  18. respect to payments made by the lessee to the corporate lessor under the provisions of a mining lease, Von Baumbach v. Sargent
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  19. United States v. Biwabik
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  20. but were income to the lessor, like payments of rent. And, before the 1921 Act, this Court had indicated ( see Eisner v. Macomber
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  21. since the Sixteenth Amendment, has the same meaning that it had in the Act of 1909. Merchants' Loan & Trust Co. v. Smietanka
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  22. Southern Pacific Co. v. Lowe
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  23. U. S. 330 , 247 U. S. 335 . Congress legislated in the light of this history, cf. United States v. Merriam
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  24. Old Colony R. Co. v. Commission
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  25. In Group No. 1 Oil Corp. v. Bass
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  26. necessarily led to the conclusion that the lessee's income was not immune from federal income tax. Compare Burnet v. Coronado
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  27. purpose, is to be interpreted so as to give a uniform application to a nationwide scheme of taxation. See Weiss v. Wiener
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  28. taxing act, by express language or necessary implication, makes its own operation dependent upon state law. See Crooks v. Harrelson
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  29. United States v. Cambridge
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  30. Tyler v. United
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  31. has its own criteria, irrespective of any particular characterization of the payments in the local law. See Weiss v. Wiener
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  32. the landowner when he conducts mining operations on his own land. But, as was pointed out in Stratton's Independence v. Howbert
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  33. apparently because it assumed that the statute authorizes a depletion allowance upon the royalties alone. See Ferguson v. Commissioner
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  34. a)(10), Revenue Act of 1921, Art. 215, Treasury Regulations 62. Cf. Murphy Oil Co. v. Burnet
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  35. F.2d 17. The distinction, so far as we are advised, has not been taken in any other case. See Alexander v. King
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  36. Ferguson v. Commissioner
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  37. Burkett v. Commissioner
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  38. Berg v. Commissioner
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  39. Hirschi v. United
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  40. or gas, are any more to be taxed as capital gains than royalties which are measured by the actual production. See Work v. Mosier
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  41. was held not to embrace receipts of the lessor from an oil and gas lease in Burkett v. Commissioner
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  42. F.2d 891, and, in Alexander v. King
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  43. U.S. Supreme Court Burnet v. Harmel
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  44. Oil Corp. v. Bass
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  45. Alexander v. King
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  46. Stratton's Independence v. Howbert
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  47. Von Baumbach v. Sargent
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  48. Stratton's Independence v. Page
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  49. Stanton v. Baltic
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  50. Merchants' Loan & Trust Co. v. Smietanka
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