Lynch v. Turrish
Court of Appeals for the Eighth Circuit
In Error to the District Court of the United States for the District of Minnesota; Wilbur F. Booth, Judge. Action by Henry Turrish against E. J. Eynch,- Collector of Internal Revenue for the District of Minnesota. Judgment for plaintiff, and defendant brings error.
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In Error to the District Court of the United States for the District of Minnesota; Wilbur F. Booth, Judge. Action by Henry Turrish against E. J. Eynch,- Collector of Internal Revenue for the District of Minnesota. Judgment for plaintiff, and defendant brings error. This writ of error was sued out to reverse a judgment which the plaintiff below, Turrish, recovered against Lynch, the collector, for the return to him of $127.12, which the collector had assessed against him as an additional income tax under the Tariff Act of October 3, 1913, c. 16, § II, A, 38 Stat. 166, 3 U. S. Comp. Stat. 1913,…
1Opinion of the CourtSanborn, Circuit Judge
(after stating the facts as above). [1] Is the amount in excess of the par value, and of the actual value of his stock in 1903, derived by a stockholder of a domestic corporation subject to the Income Tax Law (38 Stat. 166, c. 16, § II, A, 3 U. S. Comp. Stat. 1913, §§ 6319, 6320, 6321), exclusively from the increase in the value of his stock prior to March 1, 1913, the effective date of that act, on account of the gradual advance in the value of the property of the corporation prior to that date, but first realized by him in cash by the. distribution in 1914 by a dividend to all the…
2Cases cited17 opinions
- Collector v. HubbardSupreme Court of the United States · 1871
- Gray v. DarlingtonSupreme Court of the United States · 1872
- United States v. American Sugar Refining Co.Supreme Court of the United States · 1906
- United States v. BurrSupreme Court of the United States · 1895
- Van Dyke v. City of MilwaukeeWisconsin Supreme Court · 1915
12 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Tax Commissioner v. PutnamMassachusetts Supreme Judicial Court · 1917
- State ex rel. Sallie F. Moon Co. v. Wisconsin Tax CommissionWisconsin Supreme Court · 1917
- State Ex Rel. Whitlock v. State Board of EqualizationMontana Supreme Court · 1935
- Lynch v. HornbyCourt of Appeals for the Eighth Circuit · 1916
- Dobson v. CommissionerUnited States Board of Tax Appeals · 1925
13 more not listed; retrieve them via the Exa API.