United States v. Biwabik Mining Co.
Supreme Court of the United States
CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SIXTH CIRCUIT. The case is stated in the opinion. besides dealing with the distinction to be drawn between income and a mere conversion of capital assets existent before the law took effect, presented the following on the nature of the company’s interest: It is said the Biwabik Mining Company’s interest in this property was obtained under a lease and that as such lessee it .was not the owner of the ore, and was not,…
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CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SIXTH CIRCUIT. The case is stated in the opinion. besides dealing with the distinction to be drawn between income and a mere conversion of capital assets existent before the law took effect, presented the following on the nature of the company’s interest: It is said the Biwabik Mining Company’s interest in this property was obtained under a lease and that as such lessee it .was not the owner of the ore, and was not, therefore, when it sold the ore converting its capital assets into money. Whether these contracts of lease effected an absolute…
1Opinion of the Court
Mr, Justice Day
delivered the opinion of the court.
This case is here upon a writ of certiorari to the United States Circuit Court of Appeals for the Sixth Circuit. It was instituted by the United States in the District Court of the United States for the Northern District of Ohio to recover the sum of $2,653.72 being 1% upon $265,372.08 which, it was claimed, the mining .company had wrongfully omitted from the return of its net income for the year 1910 under the Corporation Tax Act of 1909.
The case was tried upon an agreed statement of facts • which, omitting unnecessary details, were…
2Cases cited3 opinions
- Von Baumbach v. Sargent Land Co.Supreme Court of the United States · 1917
- Stratton's Independence, Ltd. v. HowbertSupreme Court of the United States · 1913
- Stanton v. Baltic Mining Co.Supreme Court of the United States · 1916
3Cited by85 opinions
- Burnet v. HarmelSupreme Court of the United States · 1932
- Palmer v. BenderSupreme Court of the United States · 1932
- United States v. LudeySupreme Court of the United States · 1927
- Anderson v. HelveringSupreme Court of the United States · 1940
- Lynch v. Alworth-Stephens Co.Supreme Court of the United States · 1925
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