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MacMASTER v. COMMISSIONER OF INTERNAL REVENUE

No. 4865.

62 F.2d 81 (1932)

MacMASTER et al. v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Third Circuit.

November 30, 1932.

Attorney(s) appearing for the Case

Arnold M. Replogle and Geo. W. Herriott, both of Pittsburgh, Pa., for appellant.

G. A. Youngquist, Asst. Atty. Gen., Sewall Key and F. Edward Mitchell, Sp. Assts. to Atty. Gen. (C. M. Charest, Gen. Counsel, Bureau of Internal Revenue and Frank M. Thompson, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., of counsel), for appellee.

Before WOOLLEY, DAVIS, and THOMPSON, Circuit Judges.

WOOLLEY, Circuit Judge.

The sole question in this case is when did profits accrue under a certain contract and, accordingly, in what year or years were they taxable?

MacMaster sold coal in place, treated as real estate [Rosenberger v. McCaughn (C. C. A.) 25 F.2d 699], for a consideration of $98,000, payments to be made at different intervals in the sums of $10,000 and $2,500 each. Payments were irregularly made through a period...

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