Rodgers v. Commissioner
United States Tax Court
Held: Petitioner properly reported amounts received from the grant of certain patent rights as capital gains. Par. (b)(1) of sec. 1.1235-2, Income Tax Regs., as amended on Oct. 5, 1965, insofar as it provides that "The term 'all substantial rights to a patent' does not include a grant of rights to a patent * * * (i) Which is limited geographically within the country of issuance * * *" held invalid.
1Opinion of the Court
OPINION
TietjeNS, Judge:
The Commissioner determined deficiencies in income taxes of petitioner as follows:
Taxable year Deficiency
1963 _$4,102.58
1964 _ 5,523.00
1965 _ 7,025.74
The facts have been fully stipulated. The stipulation and the exhibits attached thereto are incorporated herein by this reference.
The question for decision is whether amounts received by the petitioner from the grant of certain patent rights were properly reported as capital gains.
Vincent B. Kodgers (hereinafter referred to as petitioner) resided in Turlock, Calif., at the time he filed his petition herein. He filed…
2Cases cited11 opinions
- Waterman v. MacKenzieSupreme Court of the United States · 1891
- Myers v. Comm'rUnited States Tax Court · 1946
- United States v. Eben H. Carruthers and Nancy CarruthersCourt of Appeals for the Ninth Circuit · 1955
- Kronner v. United StatesUnited States Court of Claims · 1953
- Marco v. CommissionerUnited States Tax Court · 1955
6 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Thomas L. Fawick and Marie Fawick v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1971
- Taylor-Winfield Corp. v. Comm'rUnited States Tax Court · 1971
- Don and Irene Kueneman, John R. Kueneman, and Edmund W. And Ella M. Harrell v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1980
- Kueneman v. CommissionerUnited States Tax Court · 1977
- Estate of George T. Klein v. Comm'rUnited States Tax Court · 1973
22 more not listed; retrieve them via the Exa API.