RUTLEDGE v. UNITED STATES

No. 28432.

428 F.2d 347 (1970)

James A. RUTLEDGE and Mattie L. Rutledge, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 22, 1970.


Attorney(s) appearing for the Case

Donald E. Walter, U. S. Atty., Shreveport, La., John O. Jones, Tax. Division, U. S. Department of Justice, Fort Worth, Tex., Johnnie M. Walters, Asst. Atty. Gen., Meyer Rothwacks, David E. Carmack, Grant W. Wiprud, Attys., Tax Division, U. S. Dept. of Justice, Washington, D. C., for appellant.

Robert L. Curry, III, William D. Brown, Monroe, La., for appellees.

Before JOHN R. BROWN, Chief Judge, and AINSWORTH and GODBOLD, Circuit Judges.


AINSWORTH, Circuit Judge:

This case requires us to determine the proper tax treatment of income received by taxpayer1 under contracts permitting the removal of sand and gravel from two tracts of taxpayer's land. As in Wood v. United States, 5 Cir., 1967, 377 F.2d 300, cert. denied, 389 U.S. 977, 88 S.Ct. 465, 19 L.Ed.2d 472 (1967), the issue presented here is...

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