(Download) "Northern Pac. Ry. Co. v. Musselshell Co." by Supreme Court of Montana ~ eBook PDF Kindle ePub Free
eBook details
- Title: Northern Pac. Ry. Co. v. Musselshell Co.
- Author : Supreme Court of Montana
- Release Date : January 06, 1925
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
Taxation ? Coal Mines ? Owners and Lessees ? Net Proceeds ? To Whom Assessable. Coal Mines ? Net Proceeds Assessable to Lessee. 1. Under sections 2088-2096, Revised Codes of 1921, the lessee of a (coal) mine, i.e., the person engaged in mining, and not the owner, is the proper party to whom net proceeds are assessable. Same ? Net Proceeds ? How Determined ? Rents and Royalties not Deductible from Gross Proceeds. 2. Since the legislature in its definition of the term "net proceeds" of mines (sec. 2090, Rev. Codes) has designated the deductions from the gross yield allowable in arriving at such proceeds, no others are permissible; hence amounts paid as rent or royalties by the lessee of the mine to the owner, not therein enumerated as items of cost of mining properly deductible, may not be deducted. Same ? Assessment of Rental as Part of Net Proceeds Error. 3. A tax cannot lawfully be levied against a person for property he does not own; and since property in the shape of net proceeds of a mine belongs to the lessee and not to the owner of it, and the statute contemplates but one assessment thereof, to-wit: to the lessee, it was error to assess to the owner, as part of the net proceeds of the mine, the rental received by him from the lessee.
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