Legal Opinion
E. I. du Pont de Nemours & Co. v. United States
District Court, D. Delaware
Decided February 14, 1969No. Civ. A. No. 3256PublishedCited by 2 opinions
1Opinion of the Court
OPINION
CALEB M. WRIGHT, Chief Judge.
This is an action by plaintiff, E. I. du Pont de Nemours and Company (du Pont), for recovery of a portion of the internal revenue tax paid to defendant, United States of America (Government), for the calendar year 1954. Jurisdiction is based on 28 U.S.C. § 1346(a) (1); venue is based on 28 U.S.C. § 1402(a) (2). Two issues are before the Court for decision: first, whether the proceeds of an exclusive license of du Pont’s Brazilian nylon patents, taxed as ordinary income in 1954, should have been treated as capital gains; secondly, whether certain legal…
2Cases cited17 opinions
- Waterman v. MacKenzieSupreme Court of the United States · 1891
- Bell Intercontinental Corporation v. The United StatesUnited States Court of Claims · 1967
- United States v. Eben H. Carruthers and Nancy CarruthersCourt of Appeals for the Ninth Circuit · 1955
- Lincoln Rochester Trust Company, as of the Estate of Frank M. Harroun v. George T. McGowan Collector of Internal RevenueCourt of Appeals for the Second Circuit · 1954
- Mills Estate, Inc. v. Commissioner of Internal Revenue. Commissioner of Internal Revenue v. Mills Estate, IncCourt of Appeals for the Second Circuit · 1953
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3Cited by2 opinions
- E. I. Du Pont De Nemours and Company v. United StatesCourt of Appeals for the Third Circuit · 1970
- Gable v. CommissionerUnited States Tax Court · 1974