JONES v. CORBYN

No. 4110.

186 F.2d 450 (1950)

JONES, Collector of Internal Revenue v. CORBYN et al.

United States Court of Appeals, Tenth Circuit.

December 29, 1950.


Attorney(s) appearing for the Case

Helen Goodner, Washington, D. C. (Theron Lamar Caudle, Asst. Atty. Gen., Ellis N. Slack, Robert N. Anderson, Leland T. Atherton, Sp. Assts. to Atty. Gen., and Robert E. Shelton, U. S. Atty., Oklahoma City, Okl., on the brief), for appellant.

H. L. Douglass, Oklahoma City, Okl. (John H. Halley, Jr., Oklahoma City, Okl., on the brief), for appellees.

Before PHILLIPS, Chief Judge, and BRATTON and PICKETT, Circuit Judges.


PICKETT, Circuit Judge.

Marmaduke Corbyn, Marmaduke Corbyn, Jr., and G. Scaling Corbyn, as taxpayers, brought this action against the Collector of Internal Revenue for the District of Oklahoma to recover income taxes paid as a result of his deficiency assessments. Judgment was for the taxpayers and the Collector has appealed. The question presented is whether $45,000 of a lump sum payment of $46,500 received by the taxpayers for the release of a life time general...

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