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SIEGEL v. UNITED STATES

Nos. 26398, 26399.

464 F.2d 891 (1972)

Sol C. SIEGEL, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant. Ethel B. SIEGEL, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

As Amended on Denial of Rehearing August 25, 1972.

Attorney(s) appearing for the Case

Ernest J. Brown (argued), Harry Baum, Joseph M. Howard, Scott P. Crampton, Asst. Atty. Gen., Washington, D. C., Mason C. Lewis, Asst. U. S. Atty., Robert L. Meyer, U. S. Atty., Los Angeles, Cal., for appellant.

Jacob Shearer (argued), of Shearer, Fields, Rohner & Shearer, Los Angeles, Cal., for appellees.

Before KOELSCH, WRIGHT, and TRASK, Circuit Judges.

EUGENE A. WRIGHT, Circuit Judge:

In these actions for refund of income taxes, the issue presented is whether fixed guaranteed amounts unconditionally payable to Sol C. Siegel Productions, Inc. under a motion picture production contract constituted taxable income to the corporation in the taxable years the income was collected, notwithstanding that the corporation reported its income on the cash basis and had assigned its right to receive the income (by way of a liquidation...

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