FARRELL v. COMMISSIONER OF INTERNAL REVENUE

No. 10303.

134 F.2d 193 (1943)

FARRELL v. COMMISSIONER OF INTERNAL REVENUE. COMMISSIONER OF INTERNAL REVENUE v. FARRELL.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied April 10, 1943.


Attorney(s) appearing for the Case

John Enrietto, of Washington, D. C., for petitioner.

Samuel O. Clark, Jr., Asst. Atty. Gen., Maryhelen Wigle, Sewall Key, and Samuel H. Levy, Sp. Assts. to the Atty. Gen., and J. P. Wenchel, Chief Counsel, and John M. Morawski, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., for respondent.

Before HUTCHESON, HOLMES, and McCORD, Circuit Judges.


HOLMES, Circuit Judge.

The question for decision is whether the sum of $402,672.83, received by J. E. Farrell in 1936, was taxable to him as income of that year.

The money was paid to Farrell under these circumstances: In 1931 the taxpayer and his wife owned as community property an undivided one-half of a seven-eighths working interest in oil and gas leases covering lands in Gregg County, Texas. The lease interests were sold in that year, and a portion of...

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