Curtis T. Busse and Myrtle Busse v. Commissioner of Internal Revenue

HASTINGS, Senior Circuit Judge.

Pursuant to § 7483 of the Internal Revenue Code of 1954, the Commissioner of Internal Revenue brings this appeal from a decision and order of the United States Tax Court, 58 T.C. 389 (1972), holding that he erroneously determined a deficiency in the 1967 federal income tax of Curtis T. Busse (the taxpayer) and Myrtle Busse 1 of Randolph, Wisconsin. The parties stipulated all the facts.

Sometime before March 20, 1958, taxpayer invented a method and machine for stacking cans on pallets. On that date, he assigned an undivided one-half interest in the invention to…