Legal Opinion
Commissioner of Internal Revenue v. John David Hawn and Bette Hawn
Court of Appeals for the Fifth Circuit
Decided April 25, 1956No. 15658PublishedCited by 10 opinions
1Opinion of the Court
TUTTLE, Circuit Judge.
This is a petition for review of a decision of the Tax Court holding that an absolute transfer for value of $854,993.-25 in “oil payments” to a transferee until he received $120,000.00 from such payments, with automatic reconveyance to the transferor thereafter, was a sale or exchange of capital assets, and did not, as the Commissioner of Internal Revenue asserted, result in the receipt of ordinary income.
The facts regarding the transfer of the oil payments, all stipulated, may be briefly stated as follows, the husband being referred to as the taxpayer, although joint…
2Cases cited12 opinions
- Helvering v. CliffordSupreme Court of the United States · 1940
- Helvering v. HorstSupreme Court of the United States · 1940
- Burnet v. HarmelSupreme Court of the United States · 1932
- Harrison v. SchaffnerSupreme Court of the United States · 1941
- Helvering v. EubankSupreme Court of the United States · 1941
7 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- United States v. W. H. CockeCourt of Appeals for the Fifth Circuit · 1968
- Commissioner of Internal Revenue v. P. G. Lake, Inc.Court of Appeals for the Fifth Circuit · 1957
- Tunnell v. United StatesDistrict Court, D. Delaware · 1957
- Commissioner of Internal Revenue v. A. J. Slagter, Jr., and Lora May Slagter, Commissioner of Internal Revenue v. Estate of Earl B. Paulson, Deceased, Etc.Court of Appeals for the Seventh Circuit · 1956
- Commissioner v. SlagterCourt of Appeals for the Seventh Circuit · 1956
5 more not listed; retrieve them via the Exa API.