Republic Petroleum Corp. v. United States

GEE, Circuit Judge:

This appeal concerns the tax consequences of the sale of two mineral leases by Louis Roussel and his wife, Lucy Cocchiara (collectively referred to as “taxpayer”), to Republic Petroleum Corporation (“Republic”). The stakes are high — the district court determined, and the government does not dispute, that the taxpayer overpaid its taxes for the tax years 1959 to 1966 in the amount of $511,878.03; yet the court concluded that taxpayer was entitled to a refund of only $242,753.15. At issue on appeal are: (1) whether Republic assumed a mortgage burdening the mineral leases for…