Legal Opinion

Commissioner v. South Texas Lumber Co.

Supreme Court of the United States

Decided March 29, 1948No. 384PublishedCited by 949 opinions

1Opinion of the CourtJustice Black

This case raises a question as to respondent’s liability for the taxable year 1943 under the Excess Profits Tax Act of 1940 as amended. 54 Stat. 975, 26 U. S. C. § 710, et seq. The law was passed to tax abnormally high profits due to large governmental expenditures about to be made from appropriations for national defense. The excess profits tax was a graduated surtax upon a portion of corporate income, and was imposed in addition to the regular income tax. It applied to all corporate profits and gains over and above what Congress deemed to be a fair and normal return for the corporate…

2Cases cited15 opinions

  1. United States v. AndersonSupreme Court of the United States · 1926
  2. Fawcus MacHine Co. v. United StatesSupreme Court of the United States · 1931
  3. Commissioner v. WheelerSupreme Court of the United States · 1945
  4. Burnet v. S. & L. Building Corp.Supreme Court of the United States · 1933
  5. Jenkins v. BitgoodCourt of Appeals for the Second Circuit · 1939

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3Cited by949 opinions

  1. Bingler v. JohnsonSupreme Court of the United States · 1969
  2. United States v. CartwrightSupreme Court of the United States · 1973
  3. Thor Power Tool Co. v. CommissionerSupreme Court of the United States · 1979
  4. Sanford v. CommissionerUnited States Tax Court · 1968
  5. William F. Sanford v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1969

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