Jay H. Floyd and Julia M. Floyd v. Commissioner of Internal Revenue

309 F.2d 95, 17 Oil & Gas Rep. 247, 10 A.F.T.R.2d (RIA) 5630, 1962 U.S. App. LEXIS 4044
CourtCourt of Appeals for the Fifth Circuit
DecidedSeptember 26, 1962
Docket19127
StatusPublished
Cited by6 cases

This text of 309 F.2d 95 (Jay H. Floyd and Julia M. Floyd v. Commissioner of Internal Revenue) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jay H. Floyd and Julia M. Floyd v. Commissioner of Internal Revenue, 309 F.2d 95, 17 Oil & Gas Rep. 247, 10 A.F.T.R.2d (RIA) 5630, 1962 U.S. App. LEXIS 4044 (5th Cir. 1962).

Opinions

PER CURIAM.

This case presents a single question, whether the proceeds from the assignment by petitioners of certain in-oil payment rights constitute capital gain or ordinary income. All the facts are stipulated and are found in accordance with the stipulation.

The Tax Court held that the case cannot be distinguished from that of Commissioner v. P. G. Lake, 356 U.S. 260, 78 S.Ct. 691, 2 L.Ed.2d 743, and that the proceeds are taxable as ordinary income.

We agree with the Tax Court that this is so in this case and affirm its judgment.

Affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
309 F.2d 95, 17 Oil & Gas Rep. 247, 10 A.F.T.R.2d (RIA) 5630, 1962 U.S. App. LEXIS 4044, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jay-h-floyd-and-julia-m-floyd-v-commissioner-of-internal-revenue-ca5-1962.