The Producers Supply & Tool Company, Plaintiff-Appellant-Cross-Appellee v. The United States of America, Defendant-Appellee-Cross-Appellant

GOLDBERG, Circuit Judge:

Hopefully we return to our last encounter with the so-called ABC transaction, endemic to oil and gas taxation, but now buried in the statutory graveyard marked “repealed.” 26 U.S.C.A. § 636. Because the transactional facts of this ease were consummated before ABC’s statutory rigor mortis set in, we must clinically exhume and examine the vital organs of the ABC corpus, to try to come to a diagnostic conclusion as to whether or not the alphabetical contrivance can meet our pre-1969 tests for validity. Finding that the transaction in the instant case could meet those…