New York, O. & W. R. Co. v. Commissioner
United States Board of Tax Appeals
By the Federal Control Act and the compensation agreement pursuant thereto the Director General of Railroads was required to and did bear the income tax on the taxpayer's income up to 2 per cent. The amount so borne by the Director General was not income of the taxpayer. The United States in levying taxes and in assuming the obligations of Federal control was the same sovereign entity.
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By the Federal Control Act and the compensation agreement pursuant thereto the Director General of Railroads was required to and did bear the income tax on the taxpayer's income up to 2 per cent. The amount so borne by the Director General was not income of the taxpayer. The United States in levying taxes and in assuming the obligations of Federal control was the same sovereign entity. The Commissioner of Internal Revenue in assessing taxes is not confined to the provisions of the revenue acts alone, but must determine liability in the light of all statutes relating thereto. A refusal of the…
1Opinion of the Court
*1174OPINION.
Sternhagen :
The issue presented by this appeal is sharply drawn. It affects every railroad corporation in the United States whose properties were under Federal control during the years 1918 and 1919 and whose income during those years was sufficient to be taxable. Although the Revenue Act of 1918 imposed an income tax of 12 per cent for 1918 and 10 per cent for 1919 upon the net income of corporations, the Federal Control Act provided that the amount of the tax up to 2 per cent of the net income should be borne by the Director General out of the railway operating revenues which he…
2Cases cited16 opinions
- Missouri Pacific Railroad v. AultSupreme Court of the United States · 1921
- Hamilton-Brown Shoe Co. v. Wolf Brothers & Co.Supreme Court of the United States · 1916
- Lynch v. Alworth-Stephens Co.Supreme Court of the United States · 1925
- E. I. Dupont De Nemours & Co. v. DavisSupreme Court of the United States · 1924
- Evans v. GoreSupreme Court of the United States · 1920
11 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Ann Arbor R.R. v. CommissionerUnited States Board of Tax Appeals · 1933
- Southern Ry. Co. v. CommissionerCourt of Appeals for the Fourth Circuit · 1936
- Brunt v. CommissionerUnited States Board of Tax Appeals · 1926
- Camden & B. C. R. Co. v. CommissionerUnited States Board of Tax Appeals · 1926
- Great N. Ry. v. CommissionerUnited States Board of Tax Appeals · 1927
7 more not listed; retrieve them via the Exa API.