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FAWICK v. C. I. R.

No. 20165.

436 F.2d 655 (1971)

Thomas L. FAWICK and Marie Fawick, Petitioners-Appellees, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

January 7, 1971.

Attorney(s) appearing for the Case

Carolyn R. Just, Dept. of Justice, Washington, D. C., for respondent-appellant; Johnnie M. Walters, Asst. Atty. Gen., Lee A. Jackson, William A. Friedlander, Attys., Dept. of Justice, Washington, D. C., on brief.

Edward C. Crouch, Cleveland, Ohio, for petitioners-appellees; Arter & Hadden, Cleveland, Ohio, on brief.

Before PHILLIPS, Chief Judge, and WEICK and McCREE, Circuit Judges.

PHILLIPS, Chief Judge.

This case involves the issue of how income received from exploitation of a patent should be treated under the Federal income tax laws. Specifically, the issue on this appeal is whether or not an exclusive patent license having a field-of-use restriction is a transfer of "property consisting of all substantial rights to a patent" within the meaning of § 1235 of the Internal Revenue Code of 1954, 26 U.S.C. § 1235.

The Tax Court...

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