Barber-Greene Americas, Inc. v. Commissioner
United States Tax Court
Barber-Greene Co., a United States manufacturer of heavy construction and road equipment, organized petitioners as wholly owned subsidiaries to handle export sales, Americas as a Western Hemisphere trade corporation and Overseas as selling in all countries outside the United States and the Western Hemisphere.
Read the full summary
Barber-Greene Co., a United States manufacturer of heavy construction and road equipment, organized petitioners as wholly owned subsidiaries to handle export sales, Americas as a Western Hemisphere trade corporation and Overseas as selling in all countries outside the United States and the Western Hemisphere. Petitioners bought equipment from their parent and sold it to or through dealers in foreign countries, stipulating in all contracts that the seller retained title until the goods reached a foreign port. Held, 95 per cent or more of each petitioner's income was derived from sources…
1Opinion of the Court
Teetjens, Judge:
The respondent determined deficiencies in income tax in the amounts and for the years set forth below:
[[Image here]]
The respondent in his amended answer claimed increased deficiencies.
The issue for decision is whether, during the taxable years, petitioners derived at least 95 per cent of their gross income from sources outside the United States so as to be exempt from excess profits tax pursuant to section 454(f) of the 1939 Code, and to qualify Barber-Greene Americas, Inc., as a Western Hemisphere trade corporation within the meaning of section 109 of the 1939 Code, and…
2Cases cited10 opinions
- Gregory v. HelveringSupreme Court of the United States · 1935
- United States v. Cumberland Public Service Co.Supreme Court of the United States · 1950
- Swanson v. CommissionerSupreme Court of the United States · 1935
- Commissioner v. ConnellySupreme Court of the United States · 1949
- United States v. BalanovskiCourt of Appeals for the Second Circuit · 1956
5 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Alinco Life Insurance Company v. The United StatesUnited States Court of Claims · 1967
- Bass v. CommissionerUnited States Tax Court · 1968
- Eli Lilly & Co. v. CommissionerUnited States Tax Court · 1985
- G.D. Searle & Co. v. CommissionerUnited States Tax Court · 1987
- Frank v. International Canadian Corp.Court of Appeals for the Ninth Circuit · 1962
23 more not listed; retrieve them via the Exa API.