Von Baumbach v. Sargent Land Co.
Court of Appeals for the Eighth Circuit
In Error to the District Court of the United States for the District of Minnesota; Charles A. Willard, Judge. Action by the Sargent Land Company, a corporation, the Sutton Land Company, a corporation, and the Kearsarge Land Company, a corporation, against Fred Von Baumbach, Collector of Internal Revenue. Judgments for plaintiffs, and defendant brings error.
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In Error to the District Court of the United States for the District of Minnesota; Charles A. Willard, Judge. Action by the Sargent Land Company, a corporation, the Sutton Land Company, a corporation, and the Kearsarge Land Company, a corporation, against Fred Von Baumbach, Collector of Internal Revenue. Judgments for plaintiffs, and defendant brings error. These writs of error are sued out to reverse judgments against the collector of internal revenue for the recovery of moneys which he exacted from the three corporations, plaintiffs below, over their protest as excise taxes for the years…
1Opinion of the CourtSanborn, Circuit Judge
(after stating the facts as above). [1] For doing business in a corporate capacity the Tax Corporation Act of August 5, 1909 (36 Stat. 112, § 38), imposes upon every corporation organized for profit having capital stock represented by shares an annual excise tax equivalent to 1 per cent, of its net income above $5,000. It provides that such net income shall be ascertained by the deduction from “the gross amount of the income of such corporation * * * received within the year from all sources” by it (1) its expenses of operation paid out of income; (2) its losses including a reasonable…
2Cases cited26 opinions
- Flint v. Stone Tracy Co.Supreme Court of the United States · 1911
- Stratton's Independence, Ltd. v. HowbertSupreme Court of the United States · 1913
- McCoach v. Minehill & Schuylkill Haven RailroadSupreme Court of the United States · 1913
- Zonne v. Minneapolis SyndicateSupreme Court of the United States · 1911
- Buster v. WrightCourt of Appeals for the Eighth Circuit · 1905
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3Cited by15 opinions
- State v. Royal Mineral Ass'nSupreme Court of Minnesota · 1916
- State v. SnyderWyoming Supreme Court · 1923
- Ewert v. RobinsonCourt of Appeals for the Eighth Circuit · 1923
- Alexander v. KingCourt of Appeals for the Tenth Circuit · 1931
- United States v. NorrisCourt of Appeals for the Eighth Circuit · 1915
10 more not listed; retrieve them via the Exa API.