Legal Opinion

Hardwick Realty Co. v. Commissioner of Internal Revenue

Court of Appeals for the Second Circuit

Decided December 3, 1928No. 63PublishedCited by 12 opinions

1Opinion of the CourtSwan, Circuit Judge

(after stating the facts as above). The taxing statute involved in this controversy is the Revenue Act of 1918 (40 Stat. 1057). By section 230 corporations axe taxed upon their “net income”; by section 232 this term is declared to mean the gross income as defined in section 233, less the deductions allowed by section 234; by section 233 the definition of “gross income” is referred back to section 213, and is found to include “gains, profits, and income derived from * * * sales * * * ”; and by section 202 is provided the basis for determining such gains, as follows:

“See. 202(a) That for the…

2Cases cited4 opinions

  1. United States v. LudeySupreme Court of the United States · 1927
  2. Phelps v. United StatesSupreme Court of the United States · 1927
  3. Rieck v. HeinerCourt of Appeals for the Third Circuit · 1928
  4. Rieck v. HeinerDistrict Court, W.D. Pennsylvania · 1927

3Cited by12 opinions

  1. P. Dougherty Co. v. Commissioner of Internal RevenueCourt of Appeals for the Fourth Circuit · 1946
  2. Kittredge v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1937
  3. Helvering v. State-Planters Bank & Trust Co.Court of Appeals for the Fourth Circuit · 1942
  4. Yellow Cab Co. of Pittsburgh v. DriscollDistrict Court, W.D. Pennsylvania · 1938
  5. Helvering v. Virginian Hotel CorporationCourt of Appeals for the Fourth Circuit · 1943

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