Northwestern Mut. Fire Asso. v. Commissioner
United States Tax Court
The petitioner, a domestic mutual fire insurance company doing business in Canada, paid taxes in 1942 and 1943 to Canada, measured by the net premiums received in Canada, less premiums paid for reinsurance, in accordance with the provisions of the Canadian Special War Revenue Act of 1915, as amended.
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The petitioner, a domestic mutual fire insurance company doing business in Canada, paid taxes in 1942 and 1943 to Canada, measured by the net premiums received in Canada, less premiums paid for reinsurance, in accordance with the provisions of the Canadian Special War Revenue Act of 1915, as amended. Held, the taxes paid upon the net premiums were not taxes "in lieu of a tax upon income" as those terms are used in section 131 (h), I. R. C., and petitioner is not entitled to a credit for income taxes paid to a foreign government under section 131, I. R. C.
1Opinion of the Court
OPINION.
Black, Judge:
This proceeding involves deficiencies in petitioner’s income taxes for the years 1942 and 1943 in the respective amounts of $5,089.03 and $5,347.81. The petitioner claims refunds for the years 1942 and 1943 in the respective amounts of $10,183.13 and $10,854.73.
The deficiencies are due primarily to the disallowance of foreign tax credits claimed in the petitioner’s income tax returns for the calendar years 1942 and 1943 in the respective amounts of $5,076.60 and $5,339.84 as income taxes paid to the Dominion of Canada. The respondent in the deficiency notice explained…
Also in this document: Dissent.
2Cases cited6 opinions
- Flint v. Stone Tracy Co.Supreme Court of the United States · 1911
- New York & Honduras Rosario Mining Co. v. CommissionerUnited States Tax Court · 1947
- Commissioner of Insurance v. Commonwealth Mutual Liability InsuranceMassachusetts Supreme Judicial Court · 1941
- State v. Minneapolis St. Louis Railroad Co.Supreme Court of Minnesota · 1939
- Vinup v. City of SeattleWashington Supreme Court · 1941
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Northwestern Mut. Fire Ass'n v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1950
- Bank of Am. Trust & Sav. Ass'n v. CommissionerUnited States Tax Court · 1974
- Bank of Am. Trust & Sav. Ass'n v. CommissionerUnited States Tax Court · 1974
- Northwestern Mut. Fire Asso. v. CommissionerUnited States Tax Court · 1949