Sylvan C. Coleman, Trustee for the Stockholders of United Carbon Company in Dissolution, and Ashland Oil & Refining Company v. The United States

I respectfully dissent from the opinion of the majority in this case. The identical facts involved here have been before this court in two other cases in the past, namely, CBN Corp. v. United States, 328 *344F.2d 316, 164 Ct.Cl. 540 (1964) and CBN Corp. v. United States, 364 F.2d 393, 176 Ct.Cl. 861 (1966), cert, denied, 386 U.S. 981, 87 S.Ct. 1284, 18 L.Ed.2d 228 (1967). In the first CBN case, this court held in a well-reasoned opinion that the taxpayer had an economic interest in the gas in place by reason of the agreement of November 19, 1952, between Shamrock Oil and Gas Corporation,…