CAMPBELL v. SAILER

No. 15315.

224 F.2d 641 (1955)

Ellis CAMPBELL, Jr., Director of Internal Revenue for the Second Collection District of Texas, v. William A. SAILER and Wife, Patricia O'Leary Sailer.

United States Court of Appeals Fifth Circuit.

June 30, 1955.


Attorney(s) appearing for the Case

H. Brian Holland, Asst. Atty. Gen., Ellis N. Slack, Spe. Asst. to the Atty. Gen., John C. Ford, Asst. U. S. Atty., Dallas, Tex., Ethan B. Stroud, Hilbert P. Zarky, Spe. Assts., to the Atty. Gen., Heard L. Floore, U. S. Atty., Fort Worth, Tex., for appellant.

Webster Atwell, Dallas, Tex., Walton Grayson, III, Dallas, Tex., of counsel, for appellees.

Before TUTTLE, CAMERON and JONES, Circuit Judges.


JONES, Circuit Judge.

William A. Sailer, who will hereafter be called the taxpayer, and Patricia O'Leary Sailer, his wife, filed Federal income tax returns for the years 1950 and 1951 reporting as capital gains moneys received during those years as interest upon a note of Texas Public Utilities Corporation. The Bureau of Internal Revenue took the position that the funds received were ordinary income. The Commissioner of Internal...

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