Legal Opinion · Dissent

Mutual Sav. & Loan Co. v. Commissioner

United States Board of Tax Appeals

Decided August 8, 1941No. Docket No. 101321Published

The petitioner is a Virginia industrial loan association whose business during the years 1936 and 1937 consisted entirely of receiving deposits and making loans and discounts. Held, that it is a "bank" within the meaning of section 104(a) of the Revenue Act of 1936.

1Dissent

Disney,

dissenting: I must dissent from the view expressed in the majority opinion that a corporation doing an industrial loan business under the Virginia statute is comprehended within the defini*1208tion of bank under section 104, Revenue Act of 1936. Staunton Industrial Loan Corporation v. Commissioner, 120 Fed. (2d) 912, so bolds, but witb all respect I point out that the opinion therein is, in effect, based upon only a part of the statutory definition in section 104 in that the court concludes in substance that the industrial loan corporation involved was a bank because it was a corporation “a…

2Cases cited3 opinions

  1. United States v. PelzerSupreme Court of the United States · 1941
  2. United States v. Cambridge Loan & Building Co.Supreme Court of the United States · 1928
  3. McCarter v. Imperial Trustee Co.Supreme Court of New Jersey · 1905

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