Briscoe v. United States

Plaintiffs in these tax refund cases place before us the much-litigated ultimate question of whether gain realized from certain mineral payments may be characterized for income tax purposes as proceeds from the sale of capital assets,1 or must be taken into account as ordinary income subject to an allowance for depletion.2 In Briscoe v. United States, Ct. Cl. No. 314—74, the parties cross-move for partial summary judgment only since other issues remain outstanding between them. In Wegenhoft v. United States, Ct. Cl. No. 315-74, the parties seek disposition of the entire controversy on…