Legal Opinion

Linen Thread Co. v. Commissioner

United States Tax Court

Decided April 28, 1950No. Docket No. 15790PublishedCited by 26 opinions

1. Taxpayer, a foreign corporation, has always kept books in its home office in Glasgow, Scotland, on the basis of a fiscal year ending September 30, but from 1937 through 1944 it also kept books in the United States recording its income and expenditures in this country on the basis of a calendar year.

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1. Taxpayer, a foreign corporation, has always kept books in its home office in Glasgow, Scotland, on the basis of a fiscal year ending September 30, but from 1937 through 1944 it also kept books in the United States recording its income and expenditures in this country on the basis of a calendar year. It filed U. S. income tax returns from 1925 through 1936 on the basis of a fiscal year ending September 30 in accordance with its books in Scotland, and it filed U. S. income tax returns from 1937 through 1944 on the basis of a calendar year in accordance with its books in the United States.…

1Opinion of the Court

OPINION.

Johnson, Judge:

Petitioner urges that its income tax liability beginning September 30, 1940, through September 30, 1945, is to be computed on the basis of a fiscal year ending September 30. Respondent contends that petitioner’s annual accounting period for the taxable years here involved, 1941, 1943, and 1944, is a calendar year and determined deficiencies accordingly.

Petitioner does not contest respondent’s determination that it was taxable in 1941 as a nonresident foreign corporation under section 231 (a) (1), Internal Revenue Code,1 on amounts received from sources within the United…

2Cases cited8 opinions

  1. Gregory v. HelveringSupreme Court of the United States · 1935
  2. McCoach v. Minehill & Schuylkill Haven RailroadSupreme Court of the United States · 1913
  3. Lewellyn v. Pittsburgh, B. & L. E. R.Court of Appeals for the Third Circuit · 1915
  4. European Naval Stores Co. v. CommissionerUnited States Tax Court · 1948
  5. United States ex rel. Greylock Mills v. BlairCourt of Appeals for the D.C. Circuit · 1923

3 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. Dougherty v. CommissionerUnited States Tax Court · 1973
  2. United States v. BalanovskiCourt of Appeals for the Second Circuit · 1956
  3. Atlas Oil & Refining Corp. v. CommissionerUnited States Tax Court · 1954
  4. United States v. BalanovskiCourt of Appeals for the Second Circuit · 1956
  5. Commissioner of Internal Revenue v. Spermacet Whaling & Shipping Co., S/ACourt of Appeals for the Sixth Circuit · 1960

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