Smietanka, Collector of Internal Revenue v. First Trust & Savings Bank
Supreme Court of the United States
CERTIORARI TO THE CIRCUIT COURT OP APPEALS POR THE SEVENTH CIRCUIT. Certiorari to a judgment of the Circuit Court of Appeals affirming a judgment of the District Court for the present respondent, in an action to recover a tax. The District Court had first sustained a demurrer to the declaration, but later, pursuant to a mandate of reversal, (see 268 Fed. 230), overruled it, and rendered judgment against the present petitioner, who stood upon the demurrer.
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CERTIORARI TO THE CIRCUIT COURT OP APPEALS POR THE SEVENTH CIRCUIT. Certiorari to a judgment of the Circuit Court of Appeals affirming a judgment of the District Court for the present respondent, in an action to recover a tax. The District Court had first sustained a demurrer to the declaration, but later, pursuant to a mandate of reversal, (see 268 Fed. 230), overruled it, and rendered judgment against the present petitioner, who stood upon the demurrer. The case then went again to the court below and the judgment was affirmed.
1Opinion of the CourtChief Justice Taft
The -question presented for decision is whether, under the Income Tax Law of 1913, income held and accumulated .by a trustee for the benefit of unborn and unascer-t tained persons was taxable. The accumulations of income were $789,905.65 for the years 1913, 1914 and 1915, and the tax collected by the petitioner, as Collector, and paid under protest by the trustee, the respondent, amounted to $36,638.69. Respondent brought suit for this sum against the petitioner in the District Court for the Northern District of Illinois, and judgment was rendered against it on demurrer to the declaration.…
2Cases cited5 opinions
- Gould v. GouldSupreme Court of the United States · 1917
- Merchants' Loan & Trust Co. v. SmietankaSupreme Court of the United States · 1921
- United States v. FieldSupreme Court of the United States · 1921
- Treat v. WhiteSupreme Court of the United States · 1901
- First Trust & Savings Bank v. SmietankaCourt of Appeals for the Seventh Circuit · 1920
3Cited by47 opinions
- Bankers' Trust Co. v. BowersCourt of Appeals for the Second Circuit · 1923
- Douglas v. EdwardsCourt of Appeals for the Second Circuit · 1924
- Fides, AG v. Commissioner of Internal RevenueCourt of Appeals for the Fourth Circuit · 1943
- Commissioner of Internal Revenue v. OwensCourt of Appeals for the Tenth Circuit · 1935
- Eaton v. English & Mersick Co.Court of Appeals for the Second Circuit · 1925
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