KITTLE v. COMMISSIONER OF INTERNAL REVENUE

No. 14402.

229 F.2d 313 (1956)

Otis A. KITTLE, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Ninth Circuit.

As Amended February 14, 1956.


Attorney(s) appearing for the Case

Kenneth P. Dillon, Vargas, Dillon & Bartlett, Reno, Nev., for petitioner.

H. Brian Holland, Asst. Atty. Gen., C. Guy Tadlock, Ellis N. Slack, Hilbert P. Zarky, Walter Akerman, Jr., Sp. Assts. to Atty. Gen., for respondent.

Before HEALY, POPE and LEMMON, Circuit Judges.


PER CURIAM.

This is a petition to review a decision of the Tax Court holding that amounts received by the petitioner in 1947 as payments under a lease of iron ore lands were royalties, taxable as ordinary income. The petitioner contends that the amounts received constituted capital gains from the sale of the minerals in place.

The decision of the Tax Court entered January 28, 1954, in this case, ordering and deciding that there is an overpayment for 1945 shall...

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