Legal Opinion
Rahr Malting Co. v. United States
Court of Appeals for the Seventh Circuit
Decided November 16, 1944No. 8633PublishedCited by 1 opinion
1Opinion of the Court
KERNER, Circuit Judge.
Plaintiff brought this action to recover refund of surtaxes claimed to have been illegally assessed against it on undistributed profits for the years 1936 and 1937. The case was tried without a jury and judgment was rendered for defendant. To reverse this judgment, plaintiff appeals.
The question is whether plaintiff is entitled under § 26(c) (1) of the Revenue Act of 1936, 26 U.S.C.A. Int.Rev.Acts, page 836, to credits against 1936 and 1937 undistributed profits, because of a written agreement restricting the payment of cash dividends.
The Act levied a general surtax upon…
2Cases cited22 opinions
- Helvering v. Northwest Steel Rolling Mills, Inc.Supreme Court of the United States · 1940
- Helvering v. Ohio Leather Co.Supreme Court of the United States · 1942
- Excelsior Wrapper Co. v. MessingerWisconsin Supreme Court · 1903
- W. G. Taylor Co. v. BannermanWisconsin Supreme Court · 1904
- McCall Co. v. IcksWisconsin Supreme Court · 1900
17 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Commissioner of Internal Revenue v. Midland Electric Coal Corp.Court of Appeals for the Seventh Circuit · 1945