Legal Opinion
Thomas L. Fawick and Marie Fawick v. Commissioner of Internal Revenue
Court of Appeals for the Sixth Circuit
Decided January 7, 1971No. 20165_1PublishedCited by 29 opinions
1Opinion of the Court
PHILLIPS, Chief Judge.
This case involves the issue of how income received from exploitation of a patent should be treated under the Federal income tax laws. Specifically, the issue on this appeal is whether or not an exclusive patent license having a field-of-use restriction is a transfer of “property consisting of all substantial rights to a patent” within the meaning of § 1235 of the Internal Revenue Code of 1954, 26 U.S.C. § 1235.
The Tax Court held that the exclusive license containing a field-of-use restriction in this case was a transfer of such property and that the income received…
2Cases cited17 opinions
- Waterman v. MacKenzieSupreme Court of the United States · 1891
- Myers v. Comm'rUnited States Tax Court · 1946
- Commissioner of Internal Revenue v. Celanese Corp.Court of Appeals for the D.C. Circuit · 1944
- Dreymann v. Comm'rUnited States Tax Court · 1948
- United States v. Eben H. Carruthers and Nancy CarruthersCourt of Appeals for the Ninth Circuit · 1955
12 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- The Troxel Manufacturing Company, & Cross-Appellant v. Schwinn Bicycle Company, & Cross-AppelleeCourt of Appeals for the Sixth Circuit · 1972
- E. I. Du Pont de Nemours & Co. v. United StatesUnited States Court of Claims · 1973
- Albert A. Mros and Doris Mros v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1974
- 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
- Kueneman v. CommissionerUnited States Tax Court · 1977
24 more not listed; retrieve them via the Exa API.