COMMISSIONER OF INTERNAL REV. v. J. S. ABERCROMBIE CO.

No. 11895.

162 F.2d 338 (1947)

COMMISSIONER OF INTERNAL REVENUE v. J. S. ABERCROMBIE CO.

Circuit Court of Appeals, Fifth Circuit.

June 25, 1947.


Attorney(s) appearing for the Case

Sewall Key, Acting Asst. Atty. Gen., Melva M. Grancy, Helen R. Carloss, and Hilbert P. Zarky, Sp. Assts. to Atty. Gen., and J. P. Wenchel, Chief Counsel, Bur. Int. Rev., and Bernard D. Daniels, Sp. Atty., Bur. Int. Rev., both of Washington, D. C., for petitioner.

Harry C. Weeks, of Fort Worth, Tex., for respondent.

Before SIBLEY, HOLMES, and WALLER, Circuit Judges.


HOLMES, Circuit Judge.

This appeal involves income taxes for the calendar year 1941. The question is whether the assignees of an oil and gas lease — the assignors having retained a one-sixteenth working interest — are taxable for that portion of the gross income (less proper deductions) which is attributable to said interest notwithstanding, under the terms of the assignment, there were no net profits paid or payable to said assignors and the latter...

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