Del Mar Addition v. Commissioner
United States Board of Tax Appeals
Upon the facts herein, held, that petitioner is an association taxable as a corporation; held, further, that sections 105 and 106 of the Revenue Act of 1935, as amended by Revenue Act of 1936, are not unconstitutional; and held, further, that a capital stock tax return filed January 12, 1939, for the year 1936 was ineffective to secure the "credit" granted by sections 105 and 106, as amended, where the sole purpose in filing the return was to defeat petitioner's excess…
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Upon the facts herein, held, that petitioner is an association taxable as a corporation; held, further, that sections 105 and 106 of the Revenue Act of 1935, as amended by Revenue Act of 1936, are not unconstitutional; and held, further, that a capital stock tax return filed January 12, 1939, for the year 1936 was ineffective to secure the "credit" granted by sections 105 and 106, as amended, where the sole purpose in filing the return was to defeat petitioner's excess profits tax liability.
1Opinion of the Court
DEL MAR ADDITION, B. G. BARNES, TRUSTEE, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.
Del Mar Addition v. Commissioner
Docket No. 94804.
United States Board of Tax Appeals
40 B.T.A. 833; 1939 BTA LEXIS 793;
October 31, 1939, Promulgated
Upon the facts herein, held, that petitioner is an association taxable as a corporation; held, further, that sections 105 and 106 of the Revenue Act of 1935, as amended by Revenue Act of 1936, are not unconstitutional; and held, further, that a capital stock tax return filed January 12, 1939, for the year 1936 was ineffective to secure the "credit"…
2Cases cited16 opinions
- Morrissey v. CommissionerSupreme Court of the United States · 1935
- Helvering v. Coleman-Gilbert AssociatesSupreme Court of the United States · 1935
- Swanson v. CommissionerSupreme Court of the United States · 1935
- Helvering v. CombsSupreme Court of the United States · 1935
- A. A. Lewis & Co. v. CommissionerSupreme Court of the United States · 1937
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