Legal Opinion

Havana Elec. Ry., Light & Power Co. v. Commissioner

United States Board of Tax Appeals

Decided July 14, 1936No. Docket Nos. 40304, 42570, 47339Published

The petitioner, a New Jersey corporation, paid taxes to the Municipality and Province of Havana, Cuba, upon its net profits derived from the operation of gas works and electric light plants in Cuba.

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The petitioner, a New Jersey corporation, paid taxes to the Municipality and Province of Havana, Cuba, upon its net profits derived from the operation of gas works and electric light plants in Cuba. In its returns for the tax years in question the petitioner claimed the taxes paid as credits against income tax due the United States, credit being claimed under section 238(a) of the Revenue Acts of 1918, 1921, 1924, and 1926. The respondent disallowed these credits, but allowed the amounts paid as deductions from gross income. Held, that the amounts paid are valid credits against taxed due the…

1Opinion of the Court

HAVANA ELECTRIC RAILWAY, LIGHT & POWER COMPANY, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Havana Elec. Ry., Light & Power Co. v. Commissioner

Docket Nos. 40304, 42570, 47339.

United States Board of Tax Appeals

34 B.T.A. 782; 1936 BTA LEXIS 645;

July 14, 1936, Promulgated

The petitioner, a New Jersey corporation, paid taxes to the Municipality and Province of Havana, Cuba, upon its net profits derived from the operation of gas works and electric light plants in Cuba. In its returns for the tax years in question the petitioner claimed the taxes paid as credits against income tax…

2Cases cited9 opinions

  1. Flint v. Stone Tracy Co.Supreme Court of the United States · 1911
  2. Burnet v. Chicago Portrait Co.Supreme Court of the United States · 1932
  3. Spreckels Sugar Refining Co. v. McClainSupreme Court of the United States · 1904
  4. Security Savings & Commercial Bank v. District of ColumbiaCourt of Appeals for the D.C. Circuit · 1922
  5. Keen v. CommissionerUnited States Board of Tax Appeals · 1929

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