HELVERING v. ELBE OIL LAND CO.

No. 446.

303 U.S. 372 (1938)

HELVERING, COMMISSIONER OF INTERNAL REVENUE, v. ELBE OIL LAND DEVELOPMENT CO.

Supreme Court of United States.

Decided March 7, 1938.


Attorney(s) appearing for the Case

Assistant Solicitor General Bell, with whom Solicitor General Reed, Assistant Attorney General Morris, and Messrs. Sewall Key and Ellis N. Slack were on the brief, for petitioner.

Mr. George T. Altman for respondent.


MR. CHIEF JUSTICE HUGHES delivered the opinion of the Court.

The question is whether certain payments received by respondent in the years 1928 and 1929 constituted "gross income from the property," within the meaning of that phrase as used in relation to oil and gas wells in § 114 (b) (3) of the Revenue Act of 1928, so as to entitle respondent to the prescribed depletion allowance. The Circuit Court of Appeals, reversing...

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