D. K. CALDWELL, Appellant,
v.
Ellis CAMPBELL, Jr., former Collector of Internal Revenue, Appellee.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
January 12, 1955.
January 12, 1955.
Attorney(s) appearing for the Case
R. B. Cannon, Fort Worth, Tex., Weeks, Bird, Cannon & Appleman, Fort Worth, Tex., of counsel, for appellant.
C. Moxley Featherston, Sp. Asst. to Atty. Gen., Ellis N. Slack, Asst. to Atty. Gen., H. Brian Holland, Asst. Atty. Gen., John C. Ford, Asst. U. S. Atty., Dallas, Tex., Lee A. Jackson, Sp. Asst. to Atty. Gen., Heard L. Floore, U. S. Atty., Fort Worth, Tex., for appellee.
Before HUTCHESON, Chief Judge, and BORAH and RIVES, Circuit Judges.
United States Court of Appeals, Fifth Circuit.
HUTCHESON, Chief Judge.
The suit was for the refund of $322,087.45 overpaid for the fiscal year 1948 in connection with conveyances, for cash and notes, of mineral interests in the nature and form of oil payments, as to which the commissioner had determined: that they were not transfers on the installment plan, of capital assets, the gains therefrom capital gains, but anticipatory assignments of income, the gains therefrom...
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