Yokohama Ki-Ito Kwaisha, Ltd. v. Commissioner
United States Board of Tax Appeals
1. A letter sent by the Commissioner in 1916 to an attorney advising him that a foreign corporation was in his opinion entitled to deduct from gross income in a tax return made under the Revenue Act of 1916, such portion of the income received from sources within the United States as represents "the actual commission for buying silk in Japan," is not such an interpretation of the statute as has any binding effect upon a successor Commissioner in determining true tax…
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1. A letter sent by the Commissioner in 1916 to an attorney advising him that a foreign corporation was in his opinion entitled to deduct from gross income in a tax return made under the Revenue Act of 1916, such portion of the income received from sources within the United States as represents "the actual commission for buying silk in Japan," is not such an interpretation of the statute as has any binding effect upon a successor Commissioner in determining true tax liability for the fiscal year ended June 30, 1917. 2. A foreign corporation which through an agent in the United States took…
1Opinion of the Court
*1254OPINION.
Littleton:
The principal complaint of the petitioner in this proceeding is that the Commissioner in 1925 reversed a ruling of Commissioner Osborn made in 1916 with respect to deductions which it was entitled to take in its income-tax return for the fiscal year ended June 30, 1917. The petitioner contends that the functions of a' Commissioner of Internal Revenue are to some extent judicial and that his decision can not be reviewed and reversed by a successor in office, and in support of such proposition cites the case of Bates & Guild Co. v. Payne, 194 U. S. 106, wherein it is stated:
The…
2Cases cited3 opinions
- Bates & Guild Co. v. PayneSupreme Court of the United States · 1904
- Goldfield Consolidated Mines Co. v. ScottSupreme Court of the United States · 1918
- Laurentide Co. v. DureyDistrict Court, N.D. New York · 1916
3Cited by10 opinions
- Gibson Wine Co., Inc. v. SnyderCourt of Appeals for the D.C. Circuit · 1952
- Schuster v. CommissionerUnited States Tax Court · 1959
- Briskey Co. v. CommissionerUnited States Board of Tax Appeals · 1934
- Gibson Wine Co., Inc. v. SnyderCourt of Appeals for the D.C. Circuit · 1952
- Handy & Harman v. CommissionerUnited States Board of Tax Appeals · 1929
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