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DAIRY QUEEN OF OKLAHOMA v. COMMISSIONER OF INT. REV.

Nos. 5562-5565.

250 F.2d 503 (1957)

DAIRY QUEEN OF OKLAHOMA, Inc., dissolved, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent. L. H. NEHRING, Trustee, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent. Priscilla NEHRING, Trustee, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent, L. E. COPELIN, Trustee, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Tenth Circuit.

December 3, 1957.

Attorney(s) appearing for the Case

Robert Ash, Washington, D. C. (Charles H. Burton, Washington, D. C., was with him on the brief), for petitioners.

Arthur I. Gould, Washington, D. C. (John N. Stull, Lee A. Jackson and A. F. Prescott, Washington, D. C., were with him on the brief), for respondent.

Before MURRAH, PICKETT and LEWIS, Circuit Judges.

MURRAH, Circuit Judge.

This appeal presents the familiar, yet still perplexing, question whether income to the taxpayer for the grant of a right to the exclusive use of a patented machine and the sale of its trade-name product, is ordinary income, as the Commissioner determined and the Tax Court held, or capital gain, as the petitioner-taxpayer contends. Admittedly the question is resolved by determining: (1) whether the transactions resulted in the sale of a capital...

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