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SID RICHARDSON CARBON AND GASOLINE CO. v. UNITED STATES

No. 26957.

416 F.2d 867 (1969)

SID RICHARDSON CARBON AND GASOLINE CO., Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals Fifth Circuit.

September 19, 1969.

Attorney(s) appearing for the Case

Eldon M. Mahon, U. S. Atty., Fort Worth, Tex., Gene A. Castleberry, Atty., Tax Div., U. S. Dept. of Justice, Fort Worth, Tex., Mitchell Rogovin, Asst. Atty. Gen., Lee A. Jackson, Martin T. Goldblum, Louis M. Kauder, Attys., Tax Div., U. S. Dept. of Justice, Washington, D. C., for defendant-appellant.

Harry C. Weeks, R. Gordon Appleman, Fort Worth, Tex., for plaintiff-appellee; Weeks, Bird, Cannon & Appleman, Fort Worth, Tex., of counsel.

Before AINSWORTH and GODBOLD, Circuit Judges, and DAWKINS, District Judge.

GODBOLD, Circuit Judge:

This appeal is from a judgment of the District Court in favor of the taxpayer for a refund of income tax in the amount of $3,786.72 plus interest. The government appeals pursuant to 28 U.S.C. § 1291. The District Court opinion is reported at 291 F.Supp. 674 (N.D., Texas, 1968).

Prior to 1959 the taxpayer, a Texas corporation, was owned by Sid W. Richardson (75%) and Perry R. Bass, Richardson...

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