DYER v. C. I. R.

No. 6602.

294 F.2d 123 (1961)

J. G. DYER and Ella R. Dyer, and S. T. Dyer and Elizabeth C. Dyer, Petitioners, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Tenth Circuit.

August 21, 1961.


Attorney(s) appearing for the Case

Frank M. Cavanaugh, Denver, Colo., for petitioners.

Melva M. Graney, Washington, D. C. (Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson, and Joseph Kovner, Washington, D. C., were with her on the brief), for respondent.

Before MURRAH, Chief Judge, and BRATTON and BREITENSTEIN, Circuit Judges.


BRATTON, Circuit Judge.

The appeal in this case presents for determination the question whether a lump sum of $447,500 which the taxpayers received in 1954 as consideration for the assignment of a fractional interest in certain mineral leaseholds was taxable as ordinary income, subject to depletion, or as capital gain. The taxpayers, J. G. Dyer and S. T. Dyer, joined by their respective wives, returned the sum as capital gain. The Commissioner of Internal Revenue...

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