Legal Opinion
Earl R. Wiseman, Director of Internal Revenue for the District of Oklahoma v. Ralph E. Barby and Marie Barby, Husband and Wife
Court of Appeals for the Tenth Circuit
Decided July 5, 1967No. 9094PublishedCited by 5 opinions
1Opinion of the Court
PICKETT, Circuit Judge.
This is a tax refund case originating in the United States District Court for the Western District of Oklahoma. The sole question is whether taxpayérs’ gain from two sales of undivided one-half interests in an oil production payment is taxable as long-term capital gain or as ordinary income. 26 U.S.C. §§ 1221, 1222. Judgment was entered for the taxpayers, Ralph E. and Marie Barby, husband and wife.
The facts are fully stipulated. On November 5, 1956, taxpayers executed oil and gas leases on a large tract of Oklahoma land which they had owned for several years and on…
2Cases cited10 opinions
- Commissioner v. P. G. Lake, Inc.Supreme Court of the United States · 1958
- United States v. Dresser Industries, Inc.Court of Appeals for the Fifth Circuit · 1963
- D. K. Caldwell v. Ellis Campbell, Jr., Former Collector of Internal RevenueCourt of Appeals for the Fifth Circuit · 1955
- Earl R. Wiseman, District Director of U.S. Treasury Department, Internal Revenue Service v. Halliburton Oil Well Cementing Company, a CorporationCourt of Appeals for the Tenth Circuit · 1962
- United States v. Paul White and Anna Lee WhiteCourt of Appeals for the Tenth Circuit · 1962
5 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- United States v. Paul R. White and Anna Lee WhiteCourt of Appeals for the Tenth Circuit · 1968
- Hair v. CommissionerCourt of Appeals for the Ninth Circuit · 1968
- Melvin L. Hair and Esther Hair, His Wife v. Commissioner of Internal Revenue, Richard E. Hair and Naomi L. Hair, His Wife v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1968
- McAfee v. United StatesCourt of Appeals for the Tenth Circuit · 1970
- McAFEE v. UNITED STATESCourt of Appeals for the Tenth Circuit · 1970