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Fitzpatrick v. Stevenson Et Al.

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eBook details

  • Title: Fitzpatrick v. Stevenson Et Al.
  • Author : Supreme Court of Montana
  • Release Date : January 19, 1937
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 62 KB

Description

TAXATION รข€” NET PROCEEDS รข€” TAX รข€” WORDS AND PHRASES. 1. Taxation รข€” Development expense. Where gypsum company commenced mining operations in one of two somewhat parallel ridges separated by a coulee and, upon exhaustion of gypsum deposit in first ridge, renewed mining operations in the other, which constituted another portion of the same vein, extension of operations to the second ridge did not constitute the opening of a second mine, and necessary expenditures for the extension were tax deductible as "development expense" in connection with a single operation. 2. Taxation รข€” When mining activities constitute a single mine or mining claim. If mining activities are to constitute a single "mine" or "mining claim" within constitutional and statutory provisions imposing tax on proceeds of mines and mining claims, the claims must be contiguous, there must be a community of interest and work done upon one claim must inure to the benefit of all. 3. Taxation รข€” Criteria to determine separate mine. Each shaft through which minerals are removed is not necessarily to be considered a separate "mine" within constitutional and statutory provisions imposing tax on net proceeds of mines, but paramount considerations are ownership, location, integration of mining system and single management.


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