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GARRETT v. CAMPBELL

No. 22269.

360 F.2d 382 (1966)

Pearson B. GARRETT, Jr., Appellant, v. Ellis CAMPBELL, Jr., District Director of Internal Revenue, Appellee.

United States Court of Appeals Fifth Circuit.

May 5, 1966.

Attorney(s) appearing for the Case

Ethan B. Stroud, John R. Feather, Dallas, Tex., for appellant.

Barefoot Sanders, U. S. Atty., Dallas Tex., John B. Jones, Jr., Act. Asst. Atty. Gen., Lee A. Jackson, Melva M. Graney, Myron C. Baum, C. Moxley Featherston, Attys., Dept. of Justice, Washington, D. C., Melvin M. Diggs, U. S. Atty., of counsel, for appellee.

Before JONES and BROWN, Circuit Judges, and DYER, District Judge.

JOHN R. BROWN, Circuit Judge:

This appeal arises out of a jury verdict for the Government in Taxpayer's refund suit. In April 1957 the Taxpayer1 received 40,000 shares of stock in Quinta Corporation. In his 1957 tax return, however, Taxpayer reported no income from the receipt of this stock. The Commissioner determined a deficiency on the ground that the shares were ordinary income when received in 1957 as payment for services rendered...

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