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BURKE v. COMMISSIONER

Docket Nos. 4560, 4561.

5 T.C. 1167 (1945)

CHARLES BURKE, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT. SYLVIA BURKE, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

United States Tax Court.

Promulgated December 4, 1945.

Attorney(s) appearing for the Case

Rhodes E. Cave, Esq., for the petitioners.

Loyal E. Keir, Esq., for the respondent.

The respondent determined deficiencies of $3,081.94 and $1,818.97 in the the income tax of petitioner Charles Burke for the years 1939 and 1940, respectively, and deficiencies of $3,252.33 and $1,691.02 in the income tax of petitioner Sylvia Burke for the same respective years.

The issues are:

(1) Whether or not the petitioners, assignees of fractional interests in oil properties, are taxable on proceeds of sales of oil extracted therefrom

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