Commissioner of Internal Rev. v. JS Abercrombie Co.

HOLMES, Circuit Judge.

This appeal involves income taxes for the calendar year 1941. The question is whether the assignees of an oil and gas lease — the assignors having retained a one-sixteenth working interest — are taxable for that portion of the gross income (less proper deductions) which is attributable to said interest notwithstanding, under the terms of the assignment, there were no net profits paid or payable to said assignors and the latter were not personally liable for any expenses. *

The consideration for the assignment was $600,000 in cash, $2,500,000 payable only out of one-fourth…