Legal Opinion

Avery v. Commissioner

United States Board of Tax Appeals

Decided August 13, 1942No. Docket No. 107836Published

The petitioner during a period of about seventeen years procured about twelve patents on inventions developed outside his regular hours of employment. Certain inventions led to his employment by a manufacturer of calculating machines and sale to such employer of two inventions for which application for patent had been made prior to his employment. One was purchased by the employer in 1935 for $30,000, payable in installments over a period of years.

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The petitioner during a period of about seventeen years procured about twelve patents on inventions developed outside his regular hours of employment. Certain inventions led to his employment by a manufacturer of calculating machines and sale to such employer of two inventions for which application for patent had been made prior to his employment. One was purchased by the employer in 1935 for $30,000, payable in installments over a period of years. In addition he sold another patent and granted certain rights in two other patents, from one of which he has received royalties since 1932. Held,…

1Opinion of the Court

HAROLD T. AVERY, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Avery v. Commissioner

Docket No. 107836.

United States Board of Tax Appeals

47 B.T.A. 538; 1942 BTA LEXIS 679;

August 13, 1942, Promulgated

The petitioner during a period of about seventeen years procured about twelve patents on inventions developed outside his regular hours of employment. Certain inventions led to his employment by a manufacturer of calculating machines and sale to such employer of two inventions for which application for patent had been made prior to his employment. One was purchased by the employer in…

2Cases cited5 opinions

  1. Higgins v. CommissionerSupreme Court of the United States · 1941
  2. Mitchell v. CommissionerUnited States Board of Tax Appeals · 1935
  3. Black v. CommissionerUnited States Board of Tax Appeals · 1941
  4. Avery v. CommissionerUnited States Board of Tax Appeals · 1942
  5. Sheridan v. CommissionerUnited States Board of Tax Appeals · 1926

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