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Palmer v. Bender, 287 U.S. 551 (1933)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Palmer v. Bender, 287 U.S. 551 (1933)
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Palmer v. Bender No. 215 Argued December 14, 15, 1932 Decided January 9, 1933 287 U.S. 551
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE FIFTH CIRCUIT
Syllabus
Section 214 of the Revenue Act of 1921 directs that a reasonable allowance for depletion be made as a deduction in computing net taxable income, "in the case of oil and gas wells . . . according to the peculiar conditions of each case:"
Held:
1. That the interests to which the allowance applies are determined by the statute itself, as construed, and not by their formal characterization in the local law. P. 555.
2. A lessee of oil wells who transfers them to another, stipulating for a royalty or bonus from oil to be produced, thereby retains an economic interest in the oil in place, which is depleted by production and which comes within the meaning and purpose of the statute, whether his conveyance be deemed by the law of the state a sublease or an assignment. P. 558.
57 F.2d 32 reversed.
Certiorari to review the affirmance of a judgment, 49 F.2d 316, denying in part the petitioner’s claim in an action to recover money paid as income taxes. The action was begun against the Collector, and the administratrix was substituted upon his death.
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Chicago: U.S. Supreme Court, "Syllabus," Palmer v. Bender, 287 U.S. 551 (1933) in 287 U.S. 551 287 U.S. 552–287 U.S. 553. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=F8DGL8NCP2TS83S.
MLA: U.S. Supreme Court. "Syllabus." Palmer v. Bender, 287 U.S. 551 (1933), in 287 U.S. 551, pp. 287 U.S. 552–287 U.S. 553. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=F8DGL8NCP2TS83S.
Harvard: U.S. Supreme Court, 'Syllabus' in Palmer v. Bender, 287 U.S. 551 (1933). cited in 1933, 287 U.S. 551, pp.287 U.S. 552–287 U.S. 553. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=F8DGL8NCP2TS83S.
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