Legal Opinion

Chestnut Securities Co. v. United States

United States Court of Claims

Decided October 1, 1945No. 46235PublishedCited by 38 opinions

1936 .......................... $1,949.86 1937 .......................... 1,541.95 1938 .......................... 2,083.38 $5,575.19 These deficiencies were protested by plaintiff and on or about July 1, 1940, a hearing was had before the Oklahoma Tax Commission, which resulted in a decision by the Commission holding that the deficiencies in tax were due to the State of Oklahoma and, on or about August 24, 1940, plaintiff paid to the State the deficiencies with interest…

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1936 .......................... $1,949.86 1937 .......................... 1,541.95 1938 .......................... 2,083.38 $5,575.19 These deficiencies were protested by plaintiff and on or about July 1, 1940, a hearing was had before the Oklahoma Tax Commission, which resulted in a decision by the Commission holding that the deficiencies in tax were due to the State of Oklahoma and, on or about August 24, 1940, plaintiff paid to the State the deficiencies with interest thereon, and at the same time, gave notice as required by statute of its intention to sue for their recovery. Pursuant to…

1Opinion of the Court

MADDEN, Judge.

The plaintiff, a Delaware corporation, reported and paid its federal income tax o» the accrual basis. In the year 1940 it paid, to the State of Oklahoma $5,575.19, with interest thereon, for state income taxes for the years 1936, 1937, and 1938, on the income of certain intangible personal property. The reason the plaintiff had not paid those taxes to the state in the years 1936, 1937, and 1938 was that it thought, because of a decision of the Supreme Court of Oklahoma, that the intangible personal property referred to did not have a taxable situs in Oklahoma and that therefore…

2Cases cited1 opinion

  1. Security Flour Mills Co. v. CommissionerSupreme Court of the United States · 1944

3Cited by38 opinions

  1. United States v. Consolidated Edison Co. of NYSupreme Court of the United States · 1961
  2. Lewyt Corp. v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1954
  3. Sherman v. CommissionerUnited States Tax Court · 1952
  4. Fifth Ave. Coach Lines,Inc. v. CommissionerUnited States Tax Court · 1959
  5. Poirier & McLane Corporation v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1976

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