UNITED STATES v. MITCHELL

No. 17509.

283 F.2d 935 (1960)

UNITED STATES of America, Appellant, v. Jack Sharp MITCHELL, and wife Thelma Mitchell, Appellees.

United States Court of Appeals Fifth Circuit.

November 25, 1960.


Attorney(s) appearing for the Case

William B. West, III, U. S. Atty., Fort Worth, Tex., Carolyn R. Just, Meyer Rothwacks, Lee A. Jackson, Attys., Dept. of Justice, Washington, D. C., Charles K. Rice, Asst. Atty. Gen., William N. Hamilton, Asst. U. S. Atty., Dallas, Tex., for appellant.

Henry Klepak, Dallas, Tex., for appellees.

Before RIVES, Chief Judge, and BROWN and WISDOM, Circuit Judges.


PER CURIAM.

In this case an accrual basis taxpayer sold automobiles on credit, discounting his customers' obligations with finance companies. The taxpayer realized part of his gain in cash and part in the form of amounts credited to dealer's reserve accounts to be satisfied either by payment in cash or by offset against the taxpayer's obligations. The question for decision is whether the taxpayer was required to report the amount of gain credited to the dealer's reserve...

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