Legal Opinion

Emerit E. Baker, Inc. v. Commissioner

United States Board of Tax Appeals

Decided September 13, 1939No. Docket Nos. 92366, 94401PublishedCited by 10 opinions

A corporation otherwise exempt from income tax under section 101(6) of the Revenue Acts of 1934 and 1936 is not deprived of exemption because of payments of annuities made to a donor's widow and of payments for the education of her nieces and nephews pursuant to the will of the donor.

1Opinion of the Court

OPINION.

Smith:

These proceedings, consolidated for hearing, are for the redetermination of deficiencies in petitioner’s income and excess profits tax for 1934,1935, and 1936, as follows:

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The principal facts have been stipulated.

The petitioner was organized as a nonprofit corporation under the laws of the State of Illinois (see chapter 32, § 159, Cahill’s Illinois Revised Statutes, 1931) on December 15, 1924. Its principal organizer, Emerit E. Baker, was the founder and major stockholder of the Kewanee Boiler Co., of Kewanee, Illinois. The purposes for which the petitioner was…

2Cases cited1 opinion

  1. Lederer v. StocktonSupreme Court of the United States · 1922

3Cited by10 opinions

  1. Commissioner of Internal Revenue v. OrtonCourt of Appeals for the Sixth Circuit · 1949
  2. William L. Powell Foundation v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1955
  3. Mayo Clinic v. United StatesCourt of Appeals for the Eighth Circuit · 2021
  4. Francis Edward McGillick Foundation v. Commissioner of Internal Revenue, (Two Cases). F. E. McGillick Company v. Commissioner of Internal Revenue, (Two Cases)Court of Appeals for the Third Circuit · 1960
  5. Francis Edward McGillick Foundation v. CommissionerCourt of Appeals for the Third Circuit · 1960

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