Legal Opinion

Perkins v. United States

District Court, D. New Jersey

Decided April 25, 1963No. Civ. A. No. 134-61Published

1Opinion of the Court

AUGELLI, District Judge.

This case was tried to the Court, sitting without a jury. The sole issue involved is whether money received by Elkin Chemical Co., Inc. (“Elkin”) from a sale of patents to Texas Butadiene & Chemical Corporation (“TBC”) should be taxed as ordinary income or as a gain from the sale of capital assets held for more than 6 months.

The Court, having considered the evidence, the briefs filed on behalf of the parties, and the arguments of counsel, hereby makes the following findings of fact and conclusions of law:

FINDINGS OF FACT

1. This is a suit for refund of income taxes in…

2Cases cited4 opinions

  1. Dunlap, Acting Collector of Internal Revenue v. Oldham Lumber CoCourt of Appeals for the Fifth Circuit · 1950
  2. Lámar v. GrangerDistrict Court, W.D. Pennsylvania · 1951
  3. Beach v. ShaughnessyDistrict Court, N.D. New York · 1954
  4. Lockhart v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1958

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