BROWN v. COMMISSIONER OF INTERNAL REVENUE

No. 12885.

180 F.2d 946 (1950)

BROWN v. COMMISSIONER OF INTERNAL REVENUE.

United States Court of Appeals Fifth Circuit.

March 24, 1950.


Attorney(s) appearing for the Case

L. J. Benckenstein, Beaumont, Tex., for petitioner.

Hilbert P. Zarky, Ellis N. Slack, Maryhelen Wigle, Helen Goodner, Special Assistants to Attorney General, Theron L. Caudle, Assistant Attorney General, Charles Oliphant, Chief Counsel, Bureau Internal Revenue, Bernard D. Daniels, Special Attorney, Washington, D. C., for respondent.

Before HUTCHESON, Chief Judge, and WALLER and BORAH, Circuit Judges.


BORAH, Circuit Judge.

This is a petition for review of a decision of the Tax Court sustaining a deficiency in petitioner's income tax for the calendar year 1944 in the amount of $6,415.54.

The question for decision is whether the Tax Court erred in holding that certain oil royalties which were paid to the taxpayer in 1944 were not tax-exempt income under the provisions of Section 22(b) (3) of the Internal Revenue Code, 26 U.S.C.A. § 22 (b) (3). The facts...

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