Legal Opinion
John H. Kirby, Ii, and Haysel Kirby v. United States
Court of Appeals for the Fifth Circuit
Decided December 13, 1961No. 19077PublishedCited by 12 opinions
1Opinion of the Court
TUTTLE, Chief Judge.
This is another of the cases in which the owner of a patent who transfers something less than all the rights owned under the patent seeks to treat the income he receives from the licensee as capital gains under the provisions of Section 1235 of the Internal Revenue Code of 1954, 26 U.S.C.A. § 1235 and Section 117 (q) of the Internal Revenue Code of 1939, as amended, 26 U.S.C.A. § 117(q). 1
The taxes here in question are for the years 1953 and 1954. The taxpayer and his wife filed joint returns and will be referred to herein as the taxpayer.
The taxpayer invented and patented…
2Cases cited5 opinions
- Allen, Collector of Internal Revenue v. WernerCourt of Appeals for the Fifth Circuit · 1951
- Richard R. Lawrence and Wife, Dorothy Lawrence v. United StatesCourt of Appeals for the Fifth Circuit · 1957
- Radio Corporation of America v. AndreaCourt of Appeals for the Second Circuit · 1937
- Clyde E. Bannister and Wife, Alwylda M. Bannister v. United StatesCourt of Appeals for the Fifth Circuit · 1958
- Mrs. Elsie J. Bowman, Individually and for the Use and Benefit of Cynthia Ann Bowman and Linda Kay Bowman v. Kerr-Mcgee Oil Industries, Inc.Court of Appeals for the Fifth Circuit · 1960
3Cited by12 opinions
- Quick Chek Food Stores v. Township of SpringfieldSupreme Court of New Jersey · 1980
- National Labor Relations Board v. Jacob E. Decker and SonsCourt of Appeals for the Fifth Circuit · 1978
- Estate of G. R. Gowdey, Deceased, and Verna E. Gowdey, and Surviving Spouse v. Commissioner of Internal RevenueCourt of Appeals for the Fourth Circuit · 1962
- Boynton v. AdamsSupreme Judicial Court of Maine · 1975
- George Puschelberg and Margaret Puschelberg v. United StatesCourt of Appeals for the Sixth Circuit · 1964
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