Commissioner v. Roeser & Pendleton, Inc.

McCORD, Circuit Judge.

On May 13, 1936, Roeser & Pendleton, Inc., by written contract agreed to sell to R. G. Trippett and A. H. Meadows its undivided interest in eleven oil and gas leases, and all equipment and other personal property situated thereon. The seller was to receive $400,000 in cash with a reservation out of each lease of a fractional interest in the oil, gas, and minerals until a total of $1,200,000 had been returned from oil and gas produced. The contract of sale, among other things, provided:

“(d) That, with reference to the reserved interest of Roeser & Pendleton, in each of…