Kueneman v. Commissioner
United States Tax Court
A group of individuals, including some of the petitioners, jointly owned patents covering certain rock-crushing machines. The group transferred all of their patent rights within a specified geographical area to P corp. No evidence was presented as to the value of the patent rights retained in all other geographical areas.
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A group of individuals, including some of the petitioners, jointly owned patents covering certain rock-crushing machines. The group transferred all of their patent rights within a specified geographical area to P corp. No evidence was presented as to the value of the patent rights retained in all other geographical areas. Held: A transfer of all patent rights within a specified geographical area does not automatically qualify as a transfer of "all substantial rights" to a patent within the meaning of sec. 1235, I.R.C. 1954. Rodgers v. Commissioner, 51 T.C. 927 (1969), and Estate of Klein v.…
1Opinion of the Court
OPINION
Simpson, Judge:
The Commissioner determined the following deficiencies in the petitioners’ Federal income taxes:
Deficiencies
Petitioners 1971 1972
Don and Irene Kueneman. $1,933 $1,898
John R. Kueneman. 2,344 1,911
Edmund W. and Ella M. Harrell. 287 290
As a result of a concession by the Commissioner, the sole issue for decision is whether the petitioners are entitled to report as long-term capital gains royalty payments received from an exclusive transfer of patent rights within a specified geographical area. That issue turns on whether such a transfer disposed of "all substantial rights”…
2Cases cited29 opinions
- Jack E. Golsen and Sylvia H. Golsen v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1971
- Waterman v. MacKenzieSupreme Court of the United States · 1891
- Gayler v. WilderSupreme Court of the United States · 1851
- Myers v. Comm'rUnited States Tax Court · 1946
- Moore v. MarshSupreme Court of the United States · 1869
24 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Central Pa. Sav. Ass'n v. CommissionerUnited States Tax Court · 1995
- Tigers Eye Trading, LLC v. Comm'rUnited States Tax Court · 2012
- Don and Irene Kueneman, John R. Kueneman, and Edmund W. And Ella M. Harrell v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1980
- Schulze v. Comm'rUnited States Tax Court · 1980
- Cooper v. Comm'rUnited States Tax Court · 2014
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