Legal Opinion
Daniel M. Cory and Margot Cory, His Wife, Petitioners-On-Review v. Commissioner of Internal Revenue, Respondent-On-Review
Court of Appeals for the Second Circuit
Decided March 9, 1956No. 23790_1PublishedCited by 29 opinions
1Opinion of the Court
FRANK, Circuit Judge.
1. The sole issue is whether the amount of income reported in 1944, as de rived from Santayana’s “Persons and Places,” constituted ordinary income or a long term capital gain. In answering, we must decide whether the transaction between Cory and Scribner’s constituted a “sale” or merely the granting of a license.
The Tax Court held that Cory gave Scribner’s a license. That Court based its decision, in part, on the fact that a part only of the “bundle of rights” inhering in the copyright was transferred to Scribner’s, since Cory assigned neither foreign publishing rights…
2Cases cited17 opinions
- Commissioner of Internal Revenue v. HopkinsonCourt of Appeals for the Second Circuit · 1942
- Rohmer v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1946
- Commissioner v. WodehouseSupreme Court of the United States · 1949
- Goldsmith v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1944
- Sabatini v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1938
12 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Leahy v. CommissionerUnited States Tax Court · 1986
- Taube v. CommissionerUnited States Tax Court · 1987
- Tolwinsky v. CommissionerUnited States Tax Court · 1986
- Durkin v. CommissionerUnited States Tax Court · 1986
- Thomas J. Durkin, Colette A. Durkin, Jerome A. Grossman and Sybil G. Grossman v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1989
24 more not listed; retrieve them via the Exa API.