Denno v. Commissioner

Decided May 8, 1929

United States Board of Tax Appeals · decided 1929-05-08

Beneficiaries under a trust who were also the remaindermen held not entitled to a deduction from gross income for depletion of mining property which formed the corpus of the trust estate where the royalties from such trust estate were paid over to the beneficiaries undiminished by depletion sustained. Detroit Trust Co. et al., Executors,16 B.T.A. 207.

Relies on Detroit Trust Co. v. Commissioner

Good law ✅— No negative treatment on recordhow we know

Decided 1929-05-08

How this case has been cited

Cited by 9 later decisions — most recently April 1990

2 federal appellate · 3 district ·

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1 *408OPINION.

Littleton :

¶2The identical question here presented was considered by the Board on account of other beneficiaries of the same trust which is now before us in Detroit Trust Co. et al., Executors, 16 B. T. A. 207, and the conclusion there reached makes necessary a denial of the petitioners’ contentions. While the theory advanced by the petitioners in the instant proceedings was somewhat different from that presented in the Detroit Trust Co. case, we fail to see wherein the contentions here advanced have not been fully answered by court and Board cases heretofore decided. (See authorities cited in Detroit Trust Co. et al., Executors, supra.)

¶3Judgment will ~be entered for the respondent.