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RUNYON v. UNITED STATES

No. 18068.

281 F.2d 590 (1960)

Damon RUNYON, Jr., Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

August 11, 1960.

Attorney(s) appearing for the Case

Effie Knowles, Roy L. Struble, Miami, Fla., for appellant.

Carolyn R. Just, Atty., Dept. of Justice, Washington, D. C., Charles K. Rice, Asst. Atty. Gen., Lee A. Jackson, A. F. Prescott, David O. Walter, Attys., Dept. of Justice, Washington, D. C., E. Coleman Madsen, U. S. Atty., Miami, Fla., for appellee.

Before TUTTLE, CAMERON and JONES, Circuit Judges.

TUTTLE, Circuit Judge.

This is an appeal from a judgment by the trial court, sitting without a jury, denying capital gains treatment to sums received by appellant under a contract by which he gave moving picture rights treating of the life of his father, the eminent sports writer, Damon Runyon.

The taxpayer is the son, and one of two surviving children of the wellknown author, Damon Runyon. The record does not disclose...

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