Legal Opinion

Sabine Transp. Co. v. Commissioner

Court of Appeals for the Fifth Circuit

Decided June 30, 1942No. 10077PublishedCited by 6 opinions

1Opinion of the Court

HUTCHESON, Circuit Judge.

Submitted upon stipulation as to the facts,1 the Board, following its decision in Spokane Dry Goods Co. v. Commissioner,2 sustained the determination of the Commissioner that in computing its income tax for the taxable year 1938, the taxpayer was not entitled under 27(a) (4),3 to take a dividends paid credit for the $530,000 used to pay or retire the notes issued in 1937 as dividends paid on its obligation.

Taxpayer is here insisting, that by the plain mandate of the section it is entitled to the credit claimed and that both this and the Spokane case were wrongly…

2Cases cited7 opinions

  1. Walling v. A. H. Belo Corp.Supreme Court of the United States · 1942
  2. Helvering v. Credit Alliance Corp.Supreme Court of the United States · 1942
  3. Fleming v. AH Belo CorporationCourt of Appeals for the Fifth Circuit · 1941
  4. Commissioner of Internal Revenue v. WindrowCourt of Appeals for the Fifth Circuit · 1937
  5. Spokane Dry Goods Co. v. CommissionerUnited States Board of Tax Appeals · 1941

2 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Helvering v. Sabine Transportation Co.Supreme Court of the United States · 1943
  2. Sylk v. United StatesDistrict Court, E.D. Pennsylvania · 1971
  3. Commissioner of Internal Revenue v. GraceyCourt of Appeals for the Fifth Circuit · 1947
  4. Helvering v. Sabine Transportation Co.Supreme Court of the United States · 1943
  5. Hercules Gasoline Co. v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1945

1 more not listed; retrieve them via the Exa API.

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