Court of Appeals for the Fifth Circuit September 15, 1971, 29400_1 (Schlumberger Technology Corporation, Plaintiff-Appellee-Cross v. United States of America, Defendant-Appellant-Cross)

THORNBERRY, Circuit Judge:

The instant matter represents another skirmish in the constant taxpayer-Government struggle over the definition of the term “capital asset,” a struggle generated by the advantages to taxpayers of capital gains and the corollary disadvantages of capital losses.