Del Mar Addition v. Commissioner
United States Board of Tax Appeals
Upon the facts herein, held, that petitioner is an association taxable as a corporation; held, further, that sections 105 and 106 of the Revenue Act of 1935, as amended by Revenue Act of 1936, are not unconstitutional; and held, further, that a capital stock tax return filed January 12, 1939, for the year 1936 was ineffective to secure the "credit" granted by sections 105 and 106, as amended, where the sole purpose in filing the return was to defeat petitioner's excess…
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Upon the facts herein, held, that petitioner is an association taxable as a corporation; held, further, that sections 105 and 106 of the Revenue Act of 1935, as amended by Revenue Act of 1936, are not unconstitutional; and held, further, that a capital stock tax return filed January 12, 1939, for the year 1936 was ineffective to secure the "credit" granted by sections 105 and 106, as amended, where the sole purpose in filing the return was to defeat petitioner's excess profits tax liability.
1Opinion of the Court
*837OPINION.
ARNOLD:
This petitioner was created to subdivide, improve, and sell a tract of land, and its creators adopted the trust mechanism as a medium for carrying on their enterprise and dividing their gains. Our question is whether the organization so created should be considered an association taxable as a corporation. The fundamental principles involved have been fully discussed in Morrissey v. Commissioner, 296 U. S. 344, and its companion cases; Swanson v. Commissioner, 296 U. S. 362; Helvering v. Coleman-Gilbert Associates, 296 U. S. 369; Helvering v. Combs, 296 U. S. 365. In each of…
2Cases cited6 opinions
- Morrissey v. CommissionerSupreme Court of the United States · 1935
- Helvering v. Coleman-Gilbert AssociatesSupreme Court of the United States · 1935
- Swanson v. CommissionerSupreme Court of the United States · 1935
- Helvering v. CombsSupreme Court of the United States · 1935
- A. A. Lewis & Co. v. CommissionerSupreme Court of the United States · 1937
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Rochester Gas & Electric Corp. v. McGowanCourt of Appeals for the Second Circuit · 1940
- Prime Securities Corp. v. United StatesCourt of Appeals for the Sixth Circuit · 1941
- American Viscose Corp. v. RothensiesCourt of Appeals for the Third Circuit · 1941
- Utah Oil Refining Co. v. HinckleyCourt of Appeals for the Tenth Circuit · 1941
- Bloomfield Ranch v. CommissionerUnited States Tax Court · 1947
7 more not listed; retrieve them via the Exa API.