Legal Opinion
David R. Blake and Betty H. Blake, and Cross-Appellants v. Commissioner of Internal Revenue, and Cross-Appellee
Court of Appeals for the Sixth Circuit
Decided February 25, 1980No. 77-1635, 77-1636PublishedCited by 1 opinion
1Opinion of the Court
BAILEY BROWN, Circuit Judge.
The principal issue raised by this appeal is whether the royalties paid by a licensee to the taxpayer-appellee as holder of a patent were long term capital gain to taxpayer under § 1235 of the Internal Revenue Code of 1954 or were ordinary income. The Commissioner of Internal Revenue found that such royalties were ordinary income and determined an income tax deficiency; on a petition to redetermine the deficiency, the Tax Court held (67 T.C. 7 (1976)) that such royalties were long term capital gain and the Commissioner brought this appeal. There is also an issue…
2Cases cited8 opinions
- Thomas L. Fawick and Marie Fawick v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1971
- Rouverol v. Comm'rUnited States Tax Court · 1964
- Fawick v. Comm'rUnited States Tax Court · 1969
- Albert A. Mros and Doris Mros v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1974
- William S. Gillis, and Loretta L. Gillis v. United States of America, United States of America v. William S. Gillis, and Loretta L. GillisCourt of Appeals for the Fifth Circuit · 1968
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3Cited by1 opinion
- Cappuccilli v. CommissionerUnited States Tax Court · 1980