Helvering v. O’donnell, 303 U.S. 370 (1938)

Please note: this case begins in mid-page. It therefore shares a citation with the last page of the previous case. If you are attempting to follow a link to the last page of 303 U.S. 362, click here.

Helvering v. O’Donnell


No. 406


Argued February 9, 10, 1938
Decided March 7, 1938
303 U.S. 370

CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE NINTH CIRCUIT

Syllabus

A shareholder in a corporation owning oil properties has no interest in the oil and gas in place -- no capital investment -- which will entitle him to an allowance for depletion under Revenue Act of 1926, §§ 204(c)(2), 214(a)(9), nor, upon sale of his shares to one who acquires the wells from the corporation, does he acquire such depletable interest through the vendee’s covenant to pay him a portion of the net profits from development and operation of the properties. P. ___.

90 F.2d 907, reversed.

Certiorari, 302 U.S. 676, to review the affirmance of a decision of the Board of Tax Appeals, 32 B.T.A. 1277, which overruled a deficiency income tax assessment.