Legal Opinion
Dairy Queen of Oklahoma, Inc. v. Commissioner
Court of Appeals for the Tenth Circuit
Decided December 3, 1957No. Nos. 5562-5565PublishedCited by 13 opinions
1Opinion of the Court
MURRAH, Circuit Judge.
This appeal presents the familiar, yet still perplexing, question whether income to the taxpayer for the grant of a right to the exclusive use of a patented machine and the sale of its trade-name product, is ordinary income, as the Commissioner determined and the Tax Court held, or capital gain, as the petitioner-taxpayer contends. Admittedly the question is resolved by determining: (1) whether the transactions resulted in the sale of a capital asset within the meaning of Section 117, Internal Revenue Code 1939, as amended, 26 U.S.C.A. § 117, or a mere license for the…
2Cases cited11 opinions
- Corliss v. BowersSupreme Court of the United States · 1930
- Griffiths v. CommissionerSupreme Court of the United States · 1939
- Orla E. Watson and Edith Watson v. United StatesCourt of Appeals for the Tenth Circuit · 1955
- Commissioner v. WodehouseSupreme Court of the United States · 1949
- Goldsmith v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1944
6 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Herrick v. CommissionerUnited States Tax Court · 1985
- Vern H. Moberg and Reta N. Moberg v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1962
- Joe L. Schmitt, Jr., and Helen N. Schmitt v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1959
- United States v. WernentinCourt of Appeals for the Eighth Circuit · 1965
- Dairy Queen of Oklahoma, Inc., Dissolved v. Commissioner of Internal Revenue, L. H. Nehring, Trustee v. Commissioner of Internal Revenue, Priscilla Nehring, Trustee v. Commissioner of Internal Revenue, L. E. Copelin, Trustee v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1957
8 more not listed; retrieve them via the Exa API.