TRAPP v. UNITED STATES

No. 3851.

177 F.2d 1 (1949)

TRAPP v. UNITED STATES.

United States Court of Appeals Tenth Circuit.

Rehearing Denied November 2, 1949.


Attorney(s) appearing for the Case

Ram Morrison and Chas. H. Garnett, Oklahoma City, Okl., for appellant.

Lester L. Gibson, Special Assistant to the Attorney General (Theron Lamar Caudle, Assistant Attorney General, Ellis N. Slack and Robert N. Anderson, Special Assistants to the Attorney General, and Robert E. Shelton, United States Attorney, Oklahoma City, Okl., on the brief), for appellee.

Lynn Adams, Oklahoma City, Okl., amicus curiæ.

Before BRATTON, HUXMAN and MURRAH, Circuit Judges.


BRATTON, Circuit Judge.

M. E. Trapp, hereinafter referred to as the taxpayer, and his wife, Lou Strang Trapp, have been residents of Oklahoma since sometime prior to 1907. The taxpayer filed with the Collector of Internal Revenue for the District of Oklahoma the required income tax return for the year 1940 and paid the tax calculated thereon. The income derived from oil and gas produced from leases covering lands in Texas was returned as community income, one-half...

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