Legal Opinion

West Side Tennis Club v. Commissioner

United States Tax Court

Decided December 18, 1942No. Docket No. 107002Published

1. Petitioner is a corporation and during the taxable year 1937 had a net income. It does not belong to the class of corporations specifically exempt from surtax under section 14(d) of the Revenue Act of 1936. In prior years it was held not to be exempt from taxation under section 103 (9) of the Revenue Act of 1932 or section 101 (9) of the Revenue Act of 1934. West Side Tennis Club, 39 B. T. A. 149; affd., 111 Fed.

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1. Petitioner is a corporation and during the taxable year 1937 had a net income. It does not belong to the class of corporations specifically exempt from surtax under section 14(d) of the Revenue Act of 1936. In prior years it was held not to be exempt from taxation under section 103 (9) of the Revenue Act of 1932 or section 101 (9) of the Revenue Act of 1934. West Side Tennis Club, 39 B. T. A. 149; affd., 111 Fed. (2d) 6; certiorari denied, 310 U.S. 674. Held, petitioner is liable for the surtax on undistributed profits imposed by section 14 (b) of the Revenue Act of 1936, notwithstanding…

1Opinion of the Court

West Side Tennis Club, Petitioner, v. Commissioner of Internal Revenue, Respondent

West Side Tennis Club v. Commissioner

Docket No. 107002

United States Tax Court

1 T.C. 302; 1942 U.S. Tax Ct. LEXIS 12;

December 18, 1942, Promulgated

Decision will be entered under Rule 50.

1. Petitioner is a corporation and during the taxable year 1937 had a net income. It does not belong to the class of corporations specifically exempt from surtax under section 14(d) of the Revenue Act of 1936. In prior years it was held not to be exempt from taxation under section 103 (9) of the Revenue Act of 1932 or section 101…

2Cases cited6 opinions

  1. Church of the Holy Trinity v. United StatesSupreme Court of the United States · 1892
  2. United States v. KirbySupreme Court of the United States · 1869
  3. Haggar Co. v. Helvering, Com'r of Internal RevenueSupreme Court of the United States · 1940
  4. Heydenfeldt v. Daney Gold and Silver Mining Co.Supreme Court of the United States · 1877
  5. Stevens v. Nave-McCord Mercantile Co.Court of Appeals for the Eighth Circuit · 1906

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