FOSTER v. UNITED STATES

Civ. A. No. 4464.

85 F.Supp. 447 (1949)

FOSTER v. UNITED STATES.

United States District Court, S. D. Texas, Houston Division.

June 3, 1949.


Attorney(s) appearing for the Case

W. N. Foster, of Conroe, Tex., and Homer L. Bruce, of Houston, Tex., for plaintiff.

Theron Lamar Caudle, Assistant to Attorney General, Andrew D. Sharpe and Lester L. Gibson, Special Assistants to Attorney General, and Brian S. Odem, United States Attorney, and W. G. Winters, Jr., Assistant United States Attorney, of Houston, Tex., for defendant.


KENNERLY, Chief Judge.

This is a suit by plaintiff against defendant to recover income tax paid under protest by plaintiff for the years 1942, 1943, and 1944. Two questions are presented:

(a) Whether plaintiff, who with others on December 7, 1932, executed an oil and gas lease to the Sun Oil Company, retaining, in addition to the usual one-eighth royalty, a one-half working interest, shall be allowed depletion on the basis of net profits applicable...

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