Legal Opinion

Cleveland Trust Co. v. Commissioner of Internal Revenue

Court of Appeals for the Sixth Circuit

Decided November 13, 1940No. 8331PublishedCited by 20 opinions

1Opinion of the Court

HAMILTON, Circuit Judge.

We have here for consideration the question of whether a land trust as a method of financing loans on real estate has the essential characteristics of an association engaged in carrying on a business for profit and falling within the applicable revenue statute in force providing for the taxation of corporations.

The applicable statute is the Revenue Act of 1934, ch. 277, 48 Stat. 680, Sec. 801, 26 U.S.C.A. Internal Revenue Code, § 3797(a) (3). On February 15, 1923, as the result of a merger of the Cleveland Trust Company and the Garfield Savings Bank, the former…

2Cases cited11 opinions

  1. Forrester v. WhiteSupreme Court of the United States · 1988
  2. Morrissey v. CommissionerSupreme Court of the United States · 1935
  3. Helvering v. Coleman-Gilbert AssociatesSupreme Court of the United States · 1935
  4. Hecht v. MalleySupreme Court of the United States · 1924
  5. McCoach v. Minehill & Schuylkill Haven RailroadSupreme Court of the United States · 1913

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3Cited by20 opinions

  1. Main-Hammond Land Trust v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1952
  2. United Food and Commercial Workers Union v. Progressive SupermarketsDistrict Court, D. New Jersey · 1986
  3. Estate of Scofield v. CommissionerUnited States Tax Court · 1956
  4. Estate of Scofield v. CommissionerCourt of Appeals for the Sixth Circuit · 1959
  5. Nee v. Main Street BankCourt of Appeals for the Eighth Circuit · 1949

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