Legal Opinion

Commissioner v. Central Republic Trust Co.

Court of Appeals for the Seventh Circuit

Decided February 23, 1935No. Nos. 5340, 5359PublishedCited by 3 opinions

1Opinion of the Court

LINDLEY, District Judge.

Petitioner in No. 5340 seeks to review a decision of the United States Board of Tax Appeals affecting the respondent’s income taxes for 1920 and 1928. The taxpayer was a bank, a substantial part of its business being the making of loans secured by real estate mortgages. The bank took from each’ borrower the security of a real estate mortgage and charged the borrower not only interest upon the loan, but a so-called “commission,” “discount,” or “underwriting fee,” varying from 1 per cent, to 11 per cent, of the principal, which was deducted from the face amount of the…

2Cases cited5 opinions

  1. New York Life Insurance v. EdwardsSupreme Court of the United States · 1926
  2. Rusk v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1931
  3. Columbia State Sav. Bank v. Commissioner of Int. Rev.Court of Appeals for the Seventh Circuit · 1930
  4. Blair v. First Trust & Savings Bank of MiamiCourt of Appeals for the Fifth Circuit · 1930
  5. Helvering v. Martin-Stubblefield, Inc.Court of Appeals for the Eighth Circuit · 1934

3Cited by3 opinions

  1. Cleaver v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1946
  2. In Re Prudence Co.Court of Appeals for the Second Circuit · 1938
  3. Liftin v. CommissionerUnited States Tax Court · 1961

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