Cantrell & Cochrane v. Commissioner
United States Board of Tax Appeals
1. Where the business of a "syndicate" was carried on jointly by a domestic corporation and a foreign corporation, held that the foreign corporation was engaged in trade or business within the United States and had an office or place of business therein. 2. The withholding return filed by the domestic corporation held not sufficient to start the period of the statute of limitations as to the tax liability of the foreign corporation, and held, further, that under such…
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1. Where the business of a "syndicate" was carried on jointly by a domestic corporation and a foreign corporation, held that the foreign corporation was engaged in trade or business within the United States and had an office or place of business therein. 2. The withholding return filed by the domestic corporation held not sufficient to start the period of the statute of limitations as to the tax liability of the foreign corporation, and held, further, that under such circumstances the Commissioner did not err in imposing a penalty against the foreign corporation for failure to file a return.
1Opinion of the Court
*22opinioít.
Murdock:
A correct decision of this case depends upon a proper interpretation of a number of different provisions of the Revenue Act of 1921. For convenience the pertinent parts of this Act have been set forth by footnote in the order in which they appear in the Act.1
Obviously, Congress intended section 237 to apply only to the case of a foreign corporation which received taxable net income from *23sources within the United States but which had not engaged in trade or business within the United States and had no office or place of business therein, and not to foreign corporations which…
2Cases cited2 opinions
- Flint v. Stone Tracy Co.Supreme Court of the United States · 1911
- People Ex Rel. Badische Anilin & Soda Fabrik v. RobertsNew York Court of Appeals · 1897
3Cited by10 opinions
- Houston v. CommissionerUnited States Tax Court · 1962
- ICI Pension Fund v. CommissionerUnited States Tax Court · 1999
- Brown Group v. CommissionerUnited States Tax Court · 1995
- Brown Group v. CommissionerUnited States Tax Court · 1995
- Cantrell & Cochrane v. CommissionerUnited States Board of Tax Appeals · 1930
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