Legal Opinion

Busse v. Commissioner

United States Tax Court

Decided May 30, 1972No. Docket No. 6858-70Published

Petitioner sold a patent and his receipts were not entitled to capital gain treatment under sec. 1235, I.R.C. 1954, but were taxable as capital gains under other provisions of the Code. Held, since the transfer was described in sec. 1235(a), I.R.C. 1954, the payments fall within the exception prescribed by sec. 483(f)(4), I.R.C. 1954, to the unstated-interest provisions of sec. 483, I.R.C. 1954. Floyd G. Paxton, 53 T.C. 202 (1969), followed.

1Opinion of the Court

Curtis T. Busse and Myrtle Busse, Petitioners v. Commissioner of Internal Revenue, Respondent

Busse v. Commissioner

Docket No. 6858-70

United States Tax Court

58 T.C. 389; 1972 U.S. Tax Ct. LEXIS 114;

May 30, 1972, Filed

Decision will be entered for the petitioners.

Petitioner sold a patent and his receipts were not entitled to capital gain treatment under sec. 1235, I.R.C. 1954, but were taxable as capital gains under other provisions of the Code. Held, since the transfer was described in sec. 1235(a), I.R.C. 1954, the payments fall within the exception prescribed by sec. 483(f)(4), I.R.C. 1954, to…

2Cases cited6 opinions

  1. United States v. American Trucking AssociationsSupreme Court of the United States · 1940
  2. International Trading Co. v. CommissionerUnited States Tax Court · 1971
  3. Busse v. CommissionerUnited States Tax Court · 1972
  4. Gutierrez v. CommissionerUnited States Tax Court · 1969
  5. General Electric Company v. Melvin J. Burton, District Director of Internal RevenueCourt of Appeals for the Sixth Circuit · 1967

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