Legal Opinion

Bert v. Helvering

Court of Appeals for the D.C. Circuit

Decided June 30, 1937No. 6893PublishedCited by 20 opinions

1Opinion of the CourtGroner, J.

This is a tax case arising under the Revenue Act of 1928. Section 13 of the act (26 U.S.C.A. § 13 and note) imposes a tax of 12 per cent, on the net income of every corporation, and section 701(a)(2), 26 U.S.C.A. § 1696(3) and note provides:

“The term ‘corporation’ includes associations, joint-stock companies, and insurance companies.”

The question in this case is whether a group of persons associated together for the purpose of speculating in the stock of Sears, Roebuck & Co. is an association within the meaning of the above-quoted section of the 1928 act. The Board on rehearing held against…

2Cases cited11 opinions

  1. Morrissey v. CommissionerSupreme Court of the United States · 1935
  2. Hecht v. MalleySupreme Court of the United States · 1924
  3. Helvering v. Coleman-Gilbert AssociatesSupreme Court of the United States · 1935
  4. Hecht v. MalleySupreme Court of the United States · 1924
  5. Swanson v. CommissionerSupreme Court of the United States · 1935

6 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. Commissioner of Internal Rev. v. Horseshoe L. SyndicateCourt of Appeals for the Fifth Circuit · 1940
  2. Second Carey Trust v. HelveringCourt of Appeals for the D.C. Circuit · 1942
  3. Del Mar Addition v. Commissioner of Internal Rev.Court of Appeals for the Fifth Circuit · 1940
  4. Fidelity-Bankers Trust Co. v. HelveringCourt of Appeals for the D.C. Circuit · 1940
  5. John Province 1 Well v. CommissionerUnited States Tax Court · 1961

15 more not listed; retrieve them via the Exa API.

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