Hugh Smith, Inc. v. Commissioner
United States Tax Court
Petitioner was controlled by an individual, Hugh Smith, until after Smith's death and thereafter by his estate. Smith owned, controlled, and operated certain companies engaged in the business of bottling the finished product of Coca-Cola for sale, and after his death those companies were owned, controlled, and operated by his estate.
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Petitioner was controlled by an individual, Hugh Smith, until after Smith's death and thereafter by his estate. Smith owned, controlled, and operated certain companies engaged in the business of bottling the finished product of Coca-Cola for sale, and after his death those companies were owned, controlled, and operated by his estate. On September 3, 1931, petitioner entered into a contract with Coca-Cola Bottling Works (Thomas) Inc., by which petitioner was granted the exclusive right and license to "use and vend on bottled Coca-Cola the trade mark name Coca-Cola, and all labels and designs…
1Opinion of the Court
OPINION.
Tyson, Judge'.
The respondent increased petitioner’s reported “royalty” income for the years 1934 to 1940, inclusive, and reduced its reported “royalty” income for 1941, so that the “royalty” income each year equaled 20 cents per gallon on all Coca-Cola syrup used in such year in his personally owned Coca-Cola bottling works by Hugh Smith, who originally owned 45 shares, and later 35 shares, of the outstanding 60 shares of petitioner. These adjustments were made under authority of section 45 of the Revenue Acts of 1934, 1936, and 1938 and the Internal Revenue Code,1 “in order to…
2Cases cited3 opinions
- Spies v. United StatesSupreme Court of the United States · 1943
- Commissioner v. Lane-Wells Co.Supreme Court of the United States · 1944
- Koppers Co. v. CommissionerUnited States Tax Court · 1943
3Cited by44 opinions
- Dana Corp. v. United StatesDistrict Court, N.D. Ohio · 1991
- Safety Tube Corp. v. CommissionerUnited States Tax Court · 1947
- Montgomery Coca-Cola Bottling Co. v. United StatesUnited States Court of Claims · 1980
- Huber Homes, Inc. v. CommissionerUnited States Tax Court · 1971
- Simon J. Murphy Company and Social Research Foundation, Inc. v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1956
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