C.M. THIBODAUX CO., LTD. v. U.S.

No. 89-3717.

915 F.2d 992 (1990)

The C.M. THIBODAUX CO., LTD., Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

October 26, 1990.


Attorney(s) appearing for the Case

David Bruce Spizer, New Orleans, La., for plaintiff-appellant.

Steven Gremminger, Trial Atty., Tax Div., U.S. Dept. of Justice, Ernest J. Brown, Laura Marie Conley O'Hanlon, Ann B. Durney, and Gary R. Allen, Chief, Appellate Section, Tax Div., Dept. of Justice, Washington, D.C., for defendant-appellee.

Before GEE, RUBIN and DAVIS, Circuit Judges.


W. EUGENE DAVIS, Circuit Judge:

The C.M. Thibodaux, Co., Ltd. (Thibodaux) appeals a summary judgment denying it recovery of federal income taxes and interest paid under protest. Thibodaux had transferred to its shareholders the right to receive bonuses and delay rentals from mineral leases on corporate property. The district court held that this transfer was an anticipatory assignment of Thibodaux's income and therefore the income from the bonuses and delay rentals...

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