RHODES v. UNITED STATES

Nos. 71-3215, 71-3216.

464 F.2d 1307 (1972)

William S. RHODES and Sara G. Rhodes, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee. Spears R. RHODES and Martha Jane Rhodes, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 14, 1972.


Attorney(s) appearing for the Case

Hobart A. McWhorter, Jr., Lee C. Bradley, Jr., Bradley, Arant, Rose & White, Birmingham, Ala., for plaintiffs-appellants.

Ira De Ment, U. S. Atty., Montgomery, Ala., Fred B. Ugast, Acting Asst. Atty. Gen., Meyer Rothwacks, Atty., Scott P. Crampton, Asst. Atty. Gen., Virginia H. Gallagher, Richard W. Perkins, Virginia M. Hopkinson, Attys., Tax Div., Dept. of Justice, Washington, D. C., for defendant-appellee.

Before WISDOM and INGRAHAM, Circuit Judges, and BOOTLE, District Judge.


BOOTLE, District Judge:

These consolidated appeals require us to determine the proper tax treatment of income received by taxpayers under a contract with their wholly owned corporation, Excelsior Brick Company, Inc., disposing of brick clay deposits on a tract of taxpayers' land. The issue presented is whether the contract was in essence a sale of minerals in place or a mineral lease. If a sale, as contended by taxpayers, the payments they received constituted proceeds...

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