Legal Opinion
Malley v. Old Colony Trust Co.
Court of Appeals for the First Circuit
Decided April 17, 1924No. 1652PublishedCited by 3 opinions
In Error to the District Court of the United States for the District of Massachusetts; Elisha H. Brewster, Judge. Action at law by the Old Colony Trust Company against John F. Malley, Collector of Internal Revenue. Judgment for plaintiff (288 Fed. 903), and defendant brings error.
1Opinion of the Court
JOHNSON, Circuit Judge.
In this case the construction and application of section 3 of the Act of Congress approved October 22, 1914, 38 Stat. 750, known as the War Revenue Act, are in issue. This act is as follows:
“That on and after November first, nineteen hundred and fourteen, special taxes shall be, and hereby are, imposed annually as follows, that is to say:
“First. Bankers shall pay $1 for each $1,000 of capital used or employed, and in estimating capital surplus and undivided profits shall he included. The amount of such annual tax shall in all cases be computed on the basis of the…
2Cases cited20 opinions
- Dollar Savings Bank v. United StatesSupreme Court of the United States · 1874
- United States v. RindskopfSupreme Court of the United States · 1882
- Oulton v. Savings InstitutionSupreme Court of the United States · 1873
- Bailey, Collector v. ClarkSupreme Court of the United States · 1875
- Anderson v. Farmers' Loan & Trust Co.Court of Appeals for the Second Circuit · 1917
15 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Parkinson v. State Bank of Millard CountyUtah Supreme Court · 1934
- J. H. Lane & Co. v. United StatesUnited States Court of Claims · 1927
- Old Colony Trust Co. v. MalleyDistrict Court, D. Massachusetts · 1925