LUCAS v. EXTENSION OIL CO.

No. 5936.

47 F.2d 65 (1931)

LUCAS, Commissioner of Internal Revenue, v. EXTENSION OIL CO.

Circuit Court of Appeals, Fifth Circuit.

February 18, 1931.


Attorney(s) appearing for the Case

G. A. Youngquist, Asst. Atty. Gen., J. Louis Monarch and A. H. Conner, Sp. Assts. to Atty. Gen., and C. M. Charest, Gen. Counsel, Bureau of Internal Revenue, and Percy S. Crewe, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., for petitioner.

J. M. McMillin, of Dallas, Tex., for respondent.

Before BRYAN and FOSTER, Circuit Judges, and HUTCHESON, District Judge.


HUTCHESON, District Judge.

The Extension Oil Company, a name under which certain tracts of land had been trusteed, drilled upon for oil, sold, and the proceeds from the drilling and sale of which had been distributed within the year to the unitholders under a declaration of trust, having through its trustees made a fiduciary return of income for the year 1922, such return was by the Commissioner disallowed on the ground that...

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