Banner Bldg. Co. v. Commissioner
United States Board of Tax Appeals
1. Petitioner was organized under the laws of the State of Kentucky as a corporation with a stated capital stock. This capital stock was represented by shares of $10 par value which were sold to the members of a fraternal beneficiary society operating under the lodge system, which society is itself exempt from taxation under section 101, Revenue Act of 1936. Petitioner acquired, improved, and has ever since operated a building in Louisville, Kentucky, on which it collects…
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1. Petitioner was organized under the laws of the State of Kentucky as a corporation with a stated capital stock. This capital stock was represented by shares of $10 par value which were sold to the members of a fraternal beneficiary society operating under the lodge system, which society is itself exempt from taxation under section 101, Revenue Act of 1936. Petitioner acquired, improved, and has ever since operated a building in Louisville, Kentucky, on which it collects rents, and in which it operates bowling alleys and a bar from which it collects revenue from members of the fraternal…
1Opinion of the Court
*861OPINION.
Black :
In support of its claim for exemption as a fraternal beneficiary society, the petitioner pleads specifically the benefits of para*862graphs (3), (6), (9), and (14) of section 101 of the Revenue Act of 1936. Exemption is claimed under facts stated in the petition as follows:(b) That the petitioner is a Fraternal beneficiary society, operating under the lodge system for the exclusive benefit of the members of Banner Council No. 39, Junior Order United American Mechanics, a fraternity itself operating under the lodge system; and the petitioner does operate indirectly through Banner…
2Cases cited3 opinions
- American Surety Co. of New York v. 14 Canal Street, Inc.Massachusetts Supreme Judicial Court · 1931
- Wilson, Banking Com'r v. Louisville Trust Co.Court of Appeals of Kentucky (pre-1976) · 1932
- National Ass's of Certified Public Accountants v. United StatesCourt of Appeals for the D.C. Circuit · 1923
3Cited by5 opinions
- Baltimore v. CommissionerUnited States Tax Court · 1958
- Banner Bldg. Co. v. CommissionerUnited States Board of Tax Appeals · 1942
- Eddie Cigelman Corp. v. CommissionerUnited States Tax Court · 1955
- Goldsby King Mem. Hosp. v. CommissionerUnited States Tax Court · 1944
- Make a Joyful Noise, Inc. v. CommissionerUnited States Tax Court · 1989