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Hyatt v. C.I.R

United States Court of Appeals, Fifth Circuit
Jan 31, 1964
325 F.2d 715 (5th Cir. 1964)

Summary

finding that an amount which constituted a substitute for compensation was not eligible for installment sale reporting

Summary of this case from Mingo v. Comm'r

Opinion

No. 20503.

December 18, 1963. Rehearing Denied January 31, 1964.

John Peace, Stanley Schoenbaum, San Antonio, Tex., for petitioners.

Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson, Atty., Dept. of Justice, Crane C. Hauser, Chief Counsel, I.R.S., Eugene F. Colella, Atty., I.R.S., David O. Walter, Earl J. Silbert, Stephen B. Wolfberg, Michael I. Smith, Attys., Dept. of Justice, Washington, D.C., for respondent.

Before HUTCHESON BREITENSTEIN, and BELL, Circuit Judges.

Of the Tenth Circuit, sitting by designation.


This case presents a factual situation indistinguishable for the purposes of the controlling legal principle from our decision in United States v. Eidson, (5th Cir. 1962) 310 F.2d 111. It follows that the decision of the Tax Court, that amounts received by the taxpayers upon assignment of their rights under a general agency contract for a Texas statewide mutual assessment life insurance company were taxable as ordinary income, was correct, and that it should be and is affirmed.


Summaries of

Hyatt v. C.I.R

United States Court of Appeals, Fifth Circuit
Jan 31, 1964
325 F.2d 715 (5th Cir. 1964)

finding that an amount which constituted a substitute for compensation was not eligible for installment sale reporting

Summary of this case from Mingo v. Comm'r
Case details for

Hyatt v. C.I.R

Case Details

Full title:Leonard HYATT and Maudie Hyatt, Petitioners, v. COMMISSIONER OF INTERNAL…

Court:United States Court of Appeals, Fifth Circuit

Date published: Jan 31, 1964

Citations

325 F.2d 715 (5th Cir. 1964)

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