- 3 - the possible exception, according to petitioners, of jurisdictional matters, is whether petitioners are entitled to an oil depletion allowance in excess of 15 percent of their reported royalty income. Background Petitioners are husband and wife. They resided in Arcadia, Michigan, at the time the petitions herein were filed. They filed their Federal income tax returns at the Covington, Kentucky, Service Center. Prior to petitioners' marriage, Jean Muldavin (Mrs. Muldavin) owned in fee simple a piece of property in Manistee County, Michigan (the property). On June 19, 1968, she entered into an oil and gas lease with J. L. Orr, whereby Orr as lessee had the exclusive right to produce oil on the property in exchange for which: The lessee shall deliver to the credit of the lessor as royalty, free of cost, in the pipe line to which lessee may connect its wells the equal one-eighth part of all oil produced and saved from the leased premises, or at the lessee's option, may pay to the lessor for such one-eighth royalty the market price for oil of like grade and gravity prevailing on the day such oil is run into the pipe line, or into storage tanks. Subsequent to petitioners' marriage, Mrs. Muldavin transferred her interest in the property to Roger and Jean Muldavin as husband and wife. At some point, Shell Oil Company (Shell) became the successor in interest of J. L. Orr. On June 26, 1975,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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