Havana Electric R., L. & P. Co. v. Commissioner
United States Board of Tax Appeals
1. Taxes paid to the Municipality and Province of Havana, Cuba, by the petitioner, a New Jersey corporation, upon the doing of business in Havana, Cuba, can not be used as a credit on petitioner's liability for United States income taxes, although the amounts of the taxes were computed on the net earnings of the petitioner. 2. Where the statutory law of a foreign country has been introduced in evidence, the evidence of a duly qualified expert is competent and admissible for…
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1. Taxes paid to the Municipality and Province of Havana, Cuba, by the petitioner, a New Jersey corporation, upon the doing of business in Havana, Cuba, can not be used as a credit on petitioner's liability for United States income taxes, although the amounts of the taxes were computed on the net earnings of the petitioner. 2. Where the statutory law of a foreign country has been introduced in evidence, the evidence of a duly qualified expert is competent and admissible for the purpose of explaining its history and operation and assisting the Board in its proper construction, but the Board is…
1Opinion of the Court
*1154OPINION.
Smith:
The question presented is whether or not certain taxes paid to the Municipality and Province of Havana, Cuba, by the petitioner may be used as a credit on petitioner’s tax liability to the United States. Section 288 (a) of the Revenue Act of 1918 and a similar section in the Revenue Acts of 1921, 1924, and 1926 are as follows:
That in the case of a domestic corporation the total taxes imposed for the taxable year by this title and by Title III shall be credited with the amount of any income, war-profits and excess-profits taxes paid during the taxable year to any foreign country,…
2Cases cited9 opinions
- Flint v. Stone Tracy Co.Supreme Court of the United States · 1911
- Slater v. Mexican National RailroadSupreme Court of the United States · 1904
- Burnet v. Chicago Portrait Co.Supreme Court of the United States · 1932
- Spreckels Sugar Refining Co. v. McClainSupreme Court of the United States · 1904
- Security Savings & Commercial Bank v. District of ColumbiaCourt of Appeals for the D.C. Circuit · 1922
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3Cited by5 opinions
- Speyer v. CommissionerUnited States Board of Tax Appeals · 1934
- Benichou v. CommissionerUnited States Tax Court · 1970
- Havana Elec. Ry., Light & Power Co. v. CommissionerUnited States Board of Tax Appeals · 1936
- Havana Electric R., L. & P. Co. v. CommissionerUnited States Board of Tax Appeals · 1934
- Speyer v. CommissionerUnited States Board of Tax Appeals · 1934