Oak Manufacturing Co. v. The United States of America
Court of Appeals for the Seventh Circuit
1Opinion of the Court
DUFFY, Circuit Judge.
This appeal involves a claim for refund of federal income taxes for the years 1954, 1955 and 1956. There is no dispute as to the facts. The question involved is whether amounts received by plaintiff (Oak) under an agreement executed November 9, 1936, with British N.S.F. Company, Ltd. (N.S.F.), as licensee, are taxable as long-term capital gains or as ordinary income. Oak contends that the amounts received by it under Paragraph 5 of the 1936 agreement were installment payments in respect to the sale of capital assets, namely, the patents referred to in the agreement.…
2Cases cited9 opinions
- Harrison v. SchaffnerSupreme Court of the United States · 1941
- Commissioner of Internal Revenue v. HopkinsonCourt of Appeals for the Second Circuit · 1942
- Orla E. Watson and Edith Watson v. United StatesCourt of Appeals for the Tenth Circuit · 1955
- Commissioner of Internal Revenue v. Celanese Corp.Court of Appeals for the D.C. Circuit · 1944
- Richard R. Lawrence and Wife, Dorothy Lawrence v. United StatesCourt of Appeals for the Fifth Circuit · 1957
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3Cited by16 opinions
- Sterling H. Nickens v. United StatesCourt of Appeals for the D.C. Circuit · 1963
- Bell Intercontinental Corporation v. The United StatesUnited States Court of Claims · 1967
- United States v. WernentinCourt of Appeals for the Eighth Circuit · 1965
- Consolidated Foods Corporation v. United StatesCourt of Appeals for the Seventh Circuit · 1978
- Newton Insert Co. v. CommissionerUnited States Tax Court · 1974
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