East Coast Oil Co., S. A. v. Commissioner
United States Board of Tax Appeals
Under contracts for sale of oil, drawn and executed in this country, a foreign corporation, having certain officers and maintaining offices here, produced or purchased oil abroad, and delivered it, a part, f.o.b. at foreign port to vessels owned by the purchasers, and a part, c.i.f. domestic port, by common carriers, and received payments therefor at its office here.
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Under contracts for sale of oil, drawn and executed in this country, a foreign corporation, having certain officers and maintaining offices here, produced or purchased oil abroad, and delivered it, a part, f.o.b. at foreign port to vessels owned by the purchasers, and a part, c.i.f. domestic port, by common carriers, and received payments therefor at its office here. Held, the sales were made when and where property to the oil passed from seller to buyer; that occurred, under f.o.b. and c.i.f. contracts, at the foreign port. Consequently, the sales were made without the United States, and…
1Opinion of the Court
OPINION.
Goodeich:
In this proceeding petitioner seeks redeterminations of deficiencies in income and excess profits taxes of $35,422.64 for 1919, $348,448.98 for 1920, and $104,085.76 for 1921.
Of the several issues raised by the pleadings, the majority have been disposed of by agreement of the parties, to which effect will be given upon recomputation under Rule 50. Petitioner’s claim to special assessment, by order heretofore entered, has been held over to await our decision of the one issue presently submitted. Broadly speaking, that issue is, whether income derived by petitioner during the…
2Cases cited9 opinions
- Lucas v. North Texas Lumber Co.Supreme Court of the United States · 1930
- Thames & Mersey Marine Insurance v. United StatesSupreme Court of the United States · 1915
- United States v. R. P. Andrews & Co.Supreme Court of the United States · 1907
- Compañia General De Tabacos De Filipinas v. Collector of Internal RevenueSupreme Court of the United States · 1929
- Seaver v. . Lindsay Light Co.New York Court of Appeals · 1922
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- A. P. Green Export Company v. United StatesUnited States Court of Claims · 1960
- United States v. BalanovskiCourt of Appeals for the Second Circuit · 1956
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- United States v. KleinDistrict Court, S.D. New York · 1955
- Askania Werke, A. G. v. HelveringCourt of Appeals for the D.C. Circuit · 1938
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