Aluminum Co. of America v. United States

JONES, Circuit Judge.

The question involved on this appeal concerns the amount of credit allowable to a domestic corporation against its income tax liability for income which it receives from a foreign subsidiary as dividends from profits upon which the subsidiary paid foreign income taxes for the same year. The answer depends upon the interpretation to be given Sec. 238(e) of the Revenue Act of 1926, c. 27, 44 Stat. 9, 26 U.S.C.A. Int.Rev.Acts, pages 189, 190, which, in part here material, provides that: “(e) * * * a domestic corporation which owns a majority of the voting stock of a foreign…