McGEE v. COMMISSIONER OF INTERNAL REVENUE

No. 71-1184.

444 F.2d 110 (1971)

Frank S. McGEE, Jr., et al., Petitioners-Appellants, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied July 8, 1971.


Attorney(s) appearing for the Case

Leland E. Fiske, Dallas, Tex., for petitioners-appellants.

Johnnie M. Walters, Asst. Atty. Gen., Tax Division, Department of Justice, Meyer Rothwacks, Atty., K. Martin Worthy, Chief Counsel, I. R. S., Daniel J. Boyer, Atty., I. R. S., Thomas L. Stapleton, William K. Hogan, Issie L. Jenkins, Attys., Department of Justice, Tax Division, Washington, D. C., for respondent-appellee.

Before AINSWORTH, INGRAHAM and RONEY, Circuit Judges.


PER CURIAM:

The sole question on this appeal is whether the Tax Court was clearly erroneous in finding as a fact that the taxpayers sold an interest in an oil and gas contract, thus realizing short-term capital gain, or whether, as taxpayers contend, they contributed such interest to a partnership so as to make a nontaxable exchange under Section 721 of the Internal Revenue Code. After a careful review of the record, we find that the evidence sufficiently supports...

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