C. A. Norgren Co. v. United States

MEMORANDUM OPINION . AND ORDER

ARRAJ, Chief Judge.

Plaintiff taxpayer, C. A. Norgren Co., has moved for a partial summary judgment, as to its claim that it is entitled to a refund because the proceeds from certain patent transfers should have been taxed at the long term capital gain rather than ordinary income rate. The three tax years in question are plaintiff’s fiscal years 1961, 1962 and 1963.

The amounts which are the subject of the present motion were received by taxpayer pursuant to a patent right transfer agreement entered into in 1949 with Shipston Engineering Co., Ltd., a British…