C. I. R. v. ESTATE OF DONNELL

No. 25835.

417 F.2d 106 (1969)

COMMISSIONER OF INTERNAL REVENUE, Petitioner-Respondent, v. The ESTATE of H. W. DONNELL, Deceased, Willie Hayden Donnell, Executrix and Willie Hayden Donnell, Respondents-Petitioners. The ESTATE of H. W. DONNELL, Deceased, Willie Hayden Donnell, Executrix and Willie Hayden Donnell, Respondents-Petitioners, v. COMMISSIONER OF INTERNAL REVENUE, Petitioner-Respondent.

United States Court of Appeals Fifth Circuit.

October 10, 1969.


Attorney(s) appearing for the Case

Mitchell Rogovin, Asst. Atty. Gen., Dept. of Justice, Washington, D. C., Richard C. Pugh, Acting Asst. Atty. Gen., Tax Div., Dept. of Justice, Washington, D. C., Lee A. Jackson, Harris Weinstein, Stephen H. Paley, Grant W. Wiprud, Attys., Dept. of Justice, Washington, D. C., Lester R. Uretz, Chief Counsel, IRS, Washington, D. C., for petitioner-respondent.

Harold D. Rogers, Wichita Falls, Tex., for respondents-petitioners.

Before GOLDBERG and MORGAN, Circuit Judges, and LIEB, District Judge.


GOLDBERG, Circuit Judge:

In this case we engage the occult mysteries of oil and gas taxation regarding intangible drilling and development costs, depletion, and that alphabetical mystique, the ABC transaction. The taxpayers, H. W. Donnell and Willie H. Donnell, were husband and wife during the years 1959 through 1963. H. W. Donnell died in 1966, and Willie H. Donnell is the executrix of his estate. The taxpayers owned leasehold working interests in oil and gas properties...

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