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GOWDEY'S ESTATE v. C. I. R.

No. 8495.

307 F.2d 816 (1962)

ESTATE of G. R. GOWDEY, Deceased, and Verna E. Gowdey, Executrix and Surviving Spouse, Petitioners, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Fourth Circuit.

Decided June 25, 1962.

Petition for Clarification Denied in Supplemental Opinion September 6, 1962.

Attorney(s) appearing for the Case

Robert Ash, Washington, D. C. (Ash, Bauersfeld & Burton, Washington, D. C., on the brief), for petitioners.

Arthur E. Strout, Attorney, Department of Justice (Louis F. Oberdorfer, Asst. Atty. Gen., and Lee A. Jackson and Harry Baum, Attorneys, Department of Justice, on the brief), for respondent.

Before SOBELOFF, Chief Judge, and BOREMAN and BRYAN, Circuit Judges.

ALBERT V. BRYAN, Circuit Judge:

Capital gain or ordinary income* is the question arising here in classifying for taxation moneys received by the petitioner-taxpayers in these circumstances:

After a machine for freezing and dispensing a dairy product was patented, the "exclusive right and license to the use, manufacture, sale and distribution of all machines built under [the] patent" were...

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