Legal Opinion

Commissioner of Internal Revenue v. Old Dominion SS Co.

Court of Appeals for the Second Circuit

Decided January 5, 1931No. 98PublishedCited by 26 opinions

1Opinion of the Court

MANTON, Circuit Judge.

The taxpayer’s transportation system was seized and operated by the government, beginning January 1, 1918, and ending February 29, 1920. Just compensation for such use of the properties for the period was fixed at $899,938.53 and payment made under an agreement of September, 1921. The standard return for such use under the Federal Control Act (chapter 25, Act March 21, 1918, 40 Stat. 451) was exceeded by $499,-067.92. The Board of Tax Appeals held that this just compensation was accrued income for the years 1918, 1919, and 1920 in which it was earned. The Commissioner…

2Cases cited4 opinions

  1. United States v. AndersonSupreme Court of the United States · 1926
  2. Lucas v. American Code Co.Supreme Court of the United States · 1930
  3. Lucas v. Ox Fibre Brush Co.Supreme Court of the United States · 1930
  4. In re Herkimer Mills Co.District Court, N.D. New York · 1930

3Cited by26 opinions

  1. Harrold v. Commissioner of Internal Revenue. Cromling v. Commissioner of Internal RevenueCourt of Appeals for the Fourth Circuit · 1951
  2. Boston Elevated Railway Co. v. CommissionerUnited States Tax Court · 1951
  3. New York Cent. R. Co. v. Commissioner of Internal Rev.Court of Appeals for the Second Circuit · 1935
  4. Commissioner of Int. Rev. v. Brooklyn Union Gas Co.Court of Appeals for the Second Circuit · 1933
  5. Southern Ry. Co. v. Commissioner of Internal RevenueCourt of Appeals for the Fourth Circuit · 1935

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