COMPTROLLER OF TREASURY v. SHELL OIL CO.

No. 290, September Term, 1985.

65 Md. App. 252 (1985)

500 A.2d 315

COMPTROLLER OF THE TREASURY v. SHELL OIL COMPANY.

Court of Special Appeals of Maryland.

November 15, 1985.


Attorney(s) appearing for the Case

Gerald Langbaum, Asst. Atty. Gen. of Annapolis, (Stephen H. Sachs, Atty. Gen. of Baltimore, and John K. Barry, Asst. Atty. Gen. of Annapolis, on the brief), for appellant.

John S. Nolan, Washington, D.C. (Miller & Chevalier, Washington, D.C., Chartered on the brief), for appellee.

Argued before WILNER and BISHOP, JJ., and GETTY, JAMES S., Associate Judge of the Court of Special Appeals (retired), Specially Assigned.


WILNER, Judge.

This appeal arises from a disagreement between the Comptroller of the Treasury and Shell Oil Company over the amount of Maryland corporate income taxes owed by Shell for the years 1976, 1977, and 1978. At issue is whether royalties paid by Shell under certain leases for oil and gas producing properties constituted "gross rent," as defined in one of the Comptroller's regulations — COMAR 03.04.01.03E(4)(a).

In its tax returns for the years...

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