Opinion

McKinney v. Commissioner

  • 16 B.T.A. 804
  • 1929 BTA LEXIS 2519
Court
United States Board of Tax Appeals
Filed
May 29, 1929
Status
Published
Author
Smith
On the bench
Phillips, Love, Geeen, Smith
Cited by
8 cases
Authority
More cited than 10.5%

The opinion

Smith,

dissenting: I dissent from so much of the opinion of the Board as holds that the basis for computing the allowance for depletion is the value at the date of the gift rather than the cost to the donor. If the petitioners had sold the property acquired by gift the basis for the computation of the gain or loss would have been the cost to the donor. In the operation of petitioners’ properties they were sold piecemeal. United States v. Ludey, 274 U. S. 295 . I can not see the logic of computing the gain on the sale of a part of the property on a different basis from that used in computing the profit or loss on the sale of the entire property.

Geeen concurs in this dissent.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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