Georgia School-Book Depository, Inc. v. Commissioner
United States Tax Court
Petitioner, which was on an accrual basis, was a book broker, acting as a depository and distributor of school books. It represented various publishers in sales made by them of school books to the State of Georgia and was paid by them a percentage commission calculated on the sale prices obtained by the publishers. The state was obligated to pay for the school books only out of a "Free Textbook Fund" created and renewed from an excise tax on beer.
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Petitioner, which was on an accrual basis, was a book broker, acting as a depository and distributor of school books. It represented various publishers in sales made by them of school books to the State of Georgia and was paid by them a percentage commission calculated on the sale prices obtained by the publishers. The state was obligated to pay for the school books only out of a "Free Textbook Fund" created and renewed from an excise tax on beer. During the taxable years this fund was not large enough to pay in full for the books purchased by the state. Held, the commissions payable to…
1Opinion of the Court
OPINION.
KeRN, Judge:
The question is whether petitioner, which was on an accrual basis, should have accrued certain school book commissions at the time the books were sold by the publishers to the state, or should have returned them as income only when the books were paid for by the state, as petitioner contends.
Petitioner was a broker which received an 8 percent commission on all school books purchased by the State of Georgia through it. For this commission it performed certain services of advantage to both parties, such as executing the contracts of the state board of education with various…
2Cases cited5 opinions
- United States v. AndersonSupreme Court of the United States · 1926
- Spring City Foundry Co. v. CommissionerSupreme Court of the United States · 1934
- Continental Tie & Lumber Co. v. United StatesSupreme Court of the United States · 1932
- Woods v. LewellynCourt of Appeals for the Third Circuit · 1918
- Dalton v. United StatesUnited States Court of Claims · 1931
3Cited by35 opinions
- Lehigh v. R. Co. v. CommissionerUnited States Tax Court · 1949
- Western Oaks Bldg. Corp. v. CommissionerUnited States Tax Court · 1968
- Charles Schwab Corp. v. CommissionerUnited States Tax Court · 1996
- Stephens Marine, Inc., Successor in Interest to Stephens Brothers, Inc. v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1970
- Luckenbach Steamship Co. v. CommissionerUnited States Tax Court · 1947
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