Herring v. Commissioner
293 U.S. 322 (1934)

Annotate this Case

U.S. Supreme Court

Herring v. Commissioner, 293 U.S. 322 (1934)

Herring v. Commissioner

No. 176

Argued November 16, 1934

Decided December 3, 1934*

293 U.S. 322

Syllabus

1. The percentage deduction from gross income permitted by § 204(c)(2) of the Revenue Act of 1926 as an allowance for depletion in the case of oil and gas wells is applicable to advance royalties and bonuses received by a lessor upon the execution of an oil and

Page 293 U. S. 323

gas mining lease, even though there were no wells on the property and no production of oil or gas during the taxable year. Pp. 293 U. S. 324, 293 U. S. 327.

2. The reenactment of a statutory provision without alteration indicates legislative approval of administrative regulations theretofore adopted and applied. P. 293 U. S. 325.

70 F.2d 785 reversed.

Certiorari to review judgments of the Circuit Court of Appeals in two income tax cases wherein decisions of the Board of Tax Appeals sustaining the action of the Commissioner in disallowing claimed deductions for depletion were affirmed.

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