Briskey Co. v. Commissioner
United States Board of Tax Appeals
Petitioner, a domestic corporation, maintained a branch in India which purchased and shipped skins to fill orders transmitted to it through the home office in the United States. Some shipments were made directly to the purchasers and others to the home office for the account of the purchasers. The India branch fixed the prices and collected for skins shipped by drawing on letters of credit.
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Petitioner, a domestic corporation, maintained a branch in India which purchased and shipped skins to fill orders transmitted to it through the home office in the United States. Some shipments were made directly to the purchasers and others to the home office for the account of the purchasers. The India branch fixed the prices and collected for skins shipped by drawing on letters of credit. Held, the sales were consummated in India and the income was from sources without the United States; hence petitioner is entitled to credit for foreign income taxes on such income. Section 131, Revenue Act…
1Opinion of the Court
*990OPINION.
ARundell:
From the operations of petitioner’s branch house in India a profit of $55,699.52 was realized in 1929. Upon this profit a tax of $8,591.60 was asserted by the Government of India, and by reason of such tax petitioner claims a credit of $6,126.23 against its United States income tax. There is no dispute as to the figures. The controversy is whether profit from the operation of the branch in India was income from sources without the United States.
The statutory provision here involved is -section 131 of the Revenue Act of 1928, which in subsection (a) allows to a domestic…
2Cases cited5 opinions
- Compañia General De Tabacos De Filipinas v. Collector of Internal RevenueSupreme Court of the United States · 1929
- Yokohama Ki-Ito Kwaisha, Ltd. v. CommissionerUnited States Board of Tax Appeals · 1927
- Tootal Broadhurst Lee Co. v. CommissionerUnited States Board of Tax Appeals · 1927
- Birkin v. CommissionerUnited States Board of Tax Appeals · 1926
- Burk Bros. v. CommissionerUnited States Board of Tax Appeals · 1930
3Cited by6 opinions
- United States v. BalanovskiCourt of Appeals for the Second Circuit · 1956
- United States v. BalanovskiCourt of Appeals for the Second Circuit · 1956
- Briskey Co. v. CommissionerUnited States Board of Tax Appeals · 1934
- East Coast Oil Co., S. A. v. CommissionerUnited States Board of Tax Appeals · 1934
- Livingston v. CommissionerUnited States Tax Court · 1945
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