PERKINS v. UNITED STATES

Civ. A. No. 134-61.

216 F.Supp. 618 (1963)

Clark G. PERKINS and Leslie M. Perkins, his wife, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court D. New Jersey.

April 25, 1963.


Attorney(s) appearing for the Case

Hetfield & Hetfield, by George F. Hetfield and Harold Druse, Plainfield, N. J., for plaintiffs.

David M. Satz, Jr., U. S. Atty., Newark, N. J., Louis F. Oberdorfer, Asst. U. S. Atty. Gen., by Leonard M. Goldberg, Dept. of Justice, Washington, D. C., for defendant.


AUGELLI, District Judge.

This case was tried to the Court, sitting without a jury. The sole issue involved is whether money received by Elkin Chemical Co., Inc. ("Elkin") from a sale of patents to Texas Butadiene & Chemical Corporation ("TBC") should be taxed as ordinary income or as a gain from the sale of capital assets held for more than 6 months.

The Court, having considered the evidence, the briefs filed on behalf of the parties, and the arguments...

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