Tax
COMMISSIONER OF INTERNAL REVENUE v. Mrs. O. L. HICKMAN; SAME v. O. L. HICKMAN
68 F.2d 997·United States Court of Appeals for the Fifth Circuit·1934
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Opinion
COMMISSIONER OF INTERNAL REVENUE v. Mrs. O. L. HICKMAN. SAME v. O. L. HICKMAN.
Nos. 6976, 6977.
Circuit Court of Appeals, Fifth Circuit.
March 5, 1934.
Frank J. Wideman, Asst. Atty. Gen.,, Carlton Fox and Sewall Key, Sp. Assts. to Atty. Gen., and E. Barrett Prettyman, Gen. Counsel, Bureau of Internal Revenue, and B. M. Coon, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., for petitioned.
Sidney M. Cook, of Shreveport, La., for respondent.
Before BRYAN, FOSTER, and HUTCHESON, Circuit Judges.
[MAJORITY — PER CURIAM.]
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.