Legal Opinion

Willcuts v. Milton Dairy Co.

Supreme Court of the United States

Decided November 21, 1927No. 156PublishedCited by 100 opinions

1Opinion of the CourtJustice Sanford

■ The Dairy Company, a Minnesota corporation, brought this suit against the Collector to recover additional excess-profits taxes assessed against it under 'Title III of the Revenue Act of 1918 1 for its taxable years 1919 and 1920, 2 and paid under protest. Judgment for the Collector in the District Court, 8 F. (2d) 178, was reversed by the Circuit Court of Appeals. 15 F. (2d) 814.

The question here is, whether profits earned by. the Company that, were insufficient to- offset an impairment of its paid-in capital, were “ undivided profits ” to be included as “ invested capital ” in computings…

2Cases cited3 opinions

  1. LaBelle Iron Works v. United StatesSupreme Court of the United States · 1921
  2. Edwards v. DouglasSupreme Court of the United States · 1925
  3. Insurance Co. of North America v. McCoachDistrict Court, E.D. Pennsylvania · 1914

3Cited by100 opinions

  1. Clair S. Huffman v. Commissioner Of Internal RevenueCourt of Appeals for the Ninth Circuit · 1992
  2. Helvering v. CanfieldSupreme Court of the United States · 1934
  3. Simmons Co. v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1929
  4. Liberty Mirror Works v. CommissionerUnited States Tax Court · 1944
  5. United North & South Development Co. v. HeathCourt of Appeals of Texas · 1934

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