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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