ESPERSON v. COMMISSIONER OF INTERNAL REVENUE

No. 10181.

127 F.2d 370 (1942)

ESPERSON v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Fifth Circuit.

April 17, 1942.


Attorney(s) appearing for the Case

Llewellyn A. Luce, of Washington, D. C., for petitioner.

Warren F. Wattles, J. Louis Monarch, and Gerald L. Wallace, Sp. Assts. to the Atty. Gen., Samuel O. Clark, Jr., Asst. Atty. Gen., and J. P. Wenchel, Chief Counsel, Bureau of Internal Revenue, and Vernon F. Weekley, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., for respondent.

Before FOSTER, SIBLEY, and HUTCHESON, Circuit Judges.


HUTCHESON, Circuit Judge.

This petition presents two questions for decision. One is whether petitioner in the settlement she made in 1937, of a vacancy claim as to lands in Cameron County, sustained a deductible loss in that year. The other is whether "in-oil" payments received during the taxable years constituted ordinary income, or were proceeds from the sale of capital assets.

These are the facts. On December 28, 1919, one Edwin S. Brodix, trustee, to whom...

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