U.S. Court of Appeals for the Fifth Circuit, 1934

Commissioner v. Hickman

Commissioner v. Hickman
U.S. Court of Appeals for the Fifth Circuit · Decided March 5, 1934
68 F.2d 997; 13 A.F.T.R. (P-H) 635; 1934 U.S. App. LEXIS 5052; 1934 U.S. Tax Cas. (CCH) 9132 (Federal Reporter, Second Series)

Commissioner v. Hickman

Opinion of the Court

PER CURIAM.

The Board of Tax Appeals decided that certain expenditures made in the drilling of an oil well are returnable to the respondents as taxpayers through depreciation rather than through depletion. Since the Board’s decision, the opposite view has been adopted by the Supreme Court. United States v. Dakota-Montana Oil Co., 288 U. S. 459, 53 S. Ct. 435, 77 L. Ed. 893; Petroleum Exploration v. Burnet, 288 U. S. 467, 53 S. Ct. 439, 77 L. Ed. 898. Therefore the petitions for review are granted, and the causes remanded for fürther proceedings.

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