Legal Opinion

Boston & M. R. R. v. United States

Court of Appeals for the First Circuit

Decided March 19, 1920No. 1443PublishedCited by 10 opinions

In Error to the District Court of the United. States for the District of Massachusetts; George Ii. Bingham, Judge. Action by the United States against the Boston & Maine Railroad. Judgment for the United States, and defendant brings error.

1Opinion of the Court

AEDRICH, District Judge.

[1] Section 38 of the Corporation Excise Tax Raw of 1909 (36 Stat. 112), in fixing the basis upon which taxes shall be assessed upon corporations, provides for certain deductions from gross income.

*579Among other deductions from gross income, described for the purpose of ascertaining the net income upon which the tax is to be assessed, the act provides for the deduction of:

“Tbe amount of interest actually paid within the year on its bonded or other indebtedness to an amount of such bonded and other indebtedness not exceeding the paid-up capital stock of such corporation.”

Th…

2Cases cited3 opinions

  1. Greene v. Louisville & Interurban RailroadSupreme Court of the United States · 1917
  2. Louisville & Nashville Railroad v. GreeneSupreme Court of the United States · 1917
  3. United States v. New York, N. H. & H. R.District Court, D. Connecticut · 1919

3Cited by10 opinions

  1. Untermyer v. CommissionerUnited States Board of Tax Appeals · 1931
  2. Untermyer v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1932
  3. Hardware Underwriters & National Hardware Service Corp. v. United StatesUnited States Court of Claims · 1928
  4. Atlantic Coast Line Railroad v. United StatesUnited States Court of Claims · 1928
  5. New York, N. H. & H. R. v. United StatesCourt of Appeals for the Second Circuit · 1920

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