Legal Opinion

Bowe-Burke Mining Co. v. Willcuts

District Court, D. Minnesota

Decided July 18, 1927PublishedCited by 2 opinions

1Opinion of the Court

CANT, District Judge.

The questions for consideration in this ease are:(a) Whether, for the year 1917, it was proper to consolidate the plaintiff corporations for income tax purposes.(b) Whether the plaintiff Mining Company during the year 1917, was a corporation having no invested capital, or not moré than, a nominal capital, within the meaning of the provisions of section 209, Revenue Act of 1917 (40 Stat. 300, c. 63 [Comp. St. 6336⅜j]).

1. To justify consolidation for the purposes here in question, it is necessary that one corporation should have been a subsidiary of the other, with close…

2Cases cited5 opinions

  1. Eisner, Internal Revenue Collector v. MacOmberSupreme Court of the United States · 1919
  2. LaBelle Iron Works v. United StatesSupreme Court of the United States · 1921
  3. Lynch v. Alworth-Stephens Co.Supreme Court of the United States · 1925
  4. Cotton Hotel Co. v. BassDistrict Court, W.D. Texas · 1925
  5. Capewell Horse Nail Co. v. WalshDistrict Court, D. Connecticut · 1924

3Cited by2 opinions

  1. Nowland Realty Co. v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1931
  2. Bowe-Burke Mining Co. v. WillcutsDistrict Court, D. Minnesota · 1930

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