Legal Opinion
Clyde E. Bannister and Wife, Alwylda M. Bannister v. United States
Court of Appeals for the Fifth Circuit
Decided December 23, 1958No. 17273PublishedCited by 19 opinions
1Opinion of the Court
HUTCHESON, Chief Judge.
This appeal from a judgment and decisión1 of the United States District Court for the Southern District of Texas, holding that amounts which the petitioners received during the taxable years 1949, 1950, and 1951, from a patent were royalty income, taxable as ordinary income and not, as petitioners had claimed, proceeds from the sale of the patent or an interest in it, taxable as long term capital gains, presents for decision a single question whether the appellants sold their patent, a capital asset, or an interest in it, or whether they merely granted a license to it.…
2Cases cited11 opinions
- Waterman v. MacKenzieSupreme Court of the United States · 1891
- Myers v. Comm'rUnited States Tax Court · 1946
- Allen, Collector of Internal Revenue v. WernerCourt of Appeals for the Fifth Circuit · 1951
- Orla E. Watson and Edith Watson v. United StatesCourt of Appeals for the Tenth Circuit · 1955
- United States v. Eben H. Carruthers and Nancy CarruthersCourt of Appeals for the Ninth Circuit · 1955
6 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Bell Intercontinental Corporation v. The United StatesUnited States Court of Claims · 1967
- James H. Pickren and Lucie B. Pickren v. United StatesCourt of Appeals for the Fifth Circuit · 1967
- Arthur M. And Ruth F. Young v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1959
- Rouverol v. Comm'rUnited States Tax Court · 1964
- Albert A. Mros and Doris Mros v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1974
14 more not listed; retrieve them via the Exa API.