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LAWRENCE v. UNITED STATES

No. 16122.

242 F.2d 542 (1957)

Richard R. LAWRENCE and wife, Dorothy Lawrence, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

March 21, 1957.

Attorney(s) appearing for the Case

Lawrence P. Gwin, Bay City, Tex., Howell Cobb, Beaumont, Tex., Erwin G. Ernst, Houston, Tex., of counsel, for appellants.

Davis W. Morton, Jr., Grant W. Wiprud, Hilbert P. Zarky, Lee A. Jackson, Attys., Dept. of Justice, Washington, D. C., Charles K. Rice, Asst. Atty. Gen., William M. Steger, U. S. Atty., John L. Burke, Jr., Asst. U. S. Atty., Tyler, Tex., for appellee.

Before RIVES, TUTTLE and JONES, Circuit Judges.

RIVES, Circuit Judge.

The question for decision is whether the district court erred in entering judgment n.o.v. on the ground that, as a matter of law, under Section 117(a) and (q) of the Internal Revenue Code of 1939 as amended,1 royalties received by the taxpayer Lawrence as licensor of patent rights constituted ordinary income rather than capital gain.

Taxpayer Lawrence is the inventor...

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