Robillard v. Commissioner
United States Board of Tax Appeals
1. FOREIGN INCOME TAX. - Where dividends are received by a citizen of the United States, a resident therein, on stock which he holds in a foreign corporation, a holding company, he is not entitled to credit against the tax on such dividends foreign taxes which were paid at the source for the account of the foreign corporation, a holding corporation, and not for the account of the stockholder. 2. RULING OF COMMISSIONER IN A PRIOR YEAR. - The fact that the Commissioner allowed…
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1. FOREIGN INCOME TAX. - Where dividends are received by a citizen of the United States, a resident therein, on stock which he holds in a foreign corporation, a holding company, he is not entitled to credit against the tax on such dividends foreign taxes which were paid at the source for the account of the foreign corporation, a holding corporation, and not for the account of the stockholder. 2. RULING OF COMMISSIONER IN A PRIOR YEAR. - The fact that the Commissioner allowed the credit in a prior year does not preclude his disallowing it in the taxable years, if his former action was…
1Opinion of the Court
*687OPINION.
Black:
The sole issue involved in this proceeding is whether or not petitioner, a resident and citizen of the United States, is entitled to credit, against United States income taxes, .taxes paid to the *688British Government by a Canadian corporation of which petitioner was a stockholder. Petitioner claims such right under section 222 (a) (4) of the Revenue Acts of 1924 and 192C, which reads:
In the case oí any such individua] who is a member of a partnership or a beneficiary of an estate or trust, his proportionate share of such taxes of the partnership or the estate or trust paid or…
2Cases cited2 opinions
- Chicago, Milwaukee & St. Paul Railway Co. v. Des Moines Union Railway Co.Supreme Court of the United States · 1920
- American-La France Fire Engine Co. v. RiordanDistrict Court, W.D. New York · 1923
3Cited by6 opinions
- Segal v. CommissionerUnited States Tax Court · 1961
- Fisher v. CommissionerUnited States Board of Tax Appeals · 1934
- F. W. Woolworth Co. v. United StatesDistrict Court, S.D. New York · 1936
- Peterson v. CommissionerUnited States Board of Tax Appeals · 1934
- Robillard v. CommissionerUnited States Board of Tax Appeals · 1930
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