Legal Opinion

East Coast Oil Co., S. A. v. Commissioner

United States Board of Tax Appeals

Decided November 8, 1934No. Docket No. 58180Published

Under contracts for sale of oil, drawn and executed in this country, a foreign corporation, having certain officers and maintaining offices here, produced or purchased oil abroad, and delivered it, a part, f.o.b. at foreign port to vessels owned by the purchasers, and a part, c.i.f. domestic port, by common carriers, and received payments therefor at its office here.

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Under contracts for sale of oil, drawn and executed in this country, a foreign corporation, having certain officers and maintaining offices here, produced or purchased oil abroad, and delivered it, a part, f.o.b. at foreign port to vessels owned by the purchasers, and a part, c.i.f. domestic port, by common carriers, and received payments therefor at its office here. Held, the sales were made when and where property to the oil passed from seller to buyer; that occurred, under f.o.b. and c.i.f. contracts, at the foreign port. Consequently, the sales were made without the United States, and…

1Opinion of the Court

EAST COAST OIL COMPANY, S. A., PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

East Coast Oil Co., S. A. v. Commissioner

Docket No. 58180.

United States Board of Tax Appeals

31 B.T.A. 558; 1934 BTA LEXIS 1072;

November 8, 1934, Promulgated

Under contracts for sale of oil, drawn and executed in this country, a foreign corporation, having certain officers and maintaining offices here, produced or purchased oil abroad, and delivered it, a part, f.o.b. at foreign port to vessels owned by the purchasers, and a part, c.i.f. domestic port, by common carriers, and received payments therefor at…

2Cases cited20 opinions

  1. Manning v. Seeley Tube & Box Co.Supreme Court of the United States · 1950
  2. Lucas v. North Texas Lumber Co.Supreme Court of the United States · 1930
  3. Thames & Mersey Marine Insurance v. United StatesSupreme Court of the United States · 1915
  4. United States v. R. P. Andrews & Co.Supreme Court of the United States · 1907
  5. Compañia General De Tabacos De Filipinas v. Collector of Internal RevenueSupreme Court of the United States · 1929

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