Legal Opinion
Bakers' Mutual Cooperative Ass'n of Newark v. Commissioner
Court of Appeals for the Third Circuit
Decided January 7, 1941No. 7575PublishedCited by 6 opinions
1Opinion of the Court
GOODRICH, Circuit Judge.
This is a petition to rgview decisions of the United States Board of Tax Appeals It involves but one question. It is whether payments made by the taxpayer to the holders of certain “certificates of deposit” issued by it were payments of interest upon indebtedness or whether they are to be classified as payments of dividends. If payments of interest they are deductible in computing net income; if payments of dividends they are not. The tax years involved are 1933,1934, 1935 and the 1933 tax also involves excess profits tax as well as income tax. The one legal question…
2Cases cited3 opinions
- Commissioner of Internal Revenue v. OPP Holding Corp.Court of Appeals for the Second Circuit · 1935
- Helvering v. Richmond, F. & P. R. Co.Court of Appeals for the Fourth Circuit · 1937
- Jewel Tea Co. v. United StatesCourt of Appeals for the Second Circuit · 1937
3Cited by6 opinions
- Eastern Gas & Fuel Associates v. CommissionerCourt of Appeals for the First Circuit · 1942
- May Hosiery Mills v. Commissioner of Internal Rev.Court of Appeals for the Fourth Circuit · 1941
- Joseph L. O'Brien Co. v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1962
- Staked Plains Trust, Ltd. v. CommissionerCourt of Appeals for the Fifth Circuit · 1944
- Burton v. BowersDistrict Court, E.D. South Carolina · 1948
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