Legal Opinion

United States v. Railroad Co.

Supreme Court of the United States

Decided April 18, 1873PublishedCited by 131 opinions

Error to the Circuit Court for the District of Maryland. This case arose upon the identical 122d section of the Internal Revenue Act of 1864, as amended by that of 1866, which is discussed in the preceding case.

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Error to the Circuit Court for the District of Maryland. This case arose upon the identical 122d section of the Internal Revenue Act of 1864, as amended by that of 1866, which is discussed in the preceding case. The section enacts : “ That any railroad, canal, turnpike, canal navigation, or slack-water company, indebted for any money for which bonds or other evidence of indebtedness have been issued, payable in one or more years after date, upon which interest is stipulated to be paid, or coupons representing the interest, or any such company that may have declared any dividend in scrip or…

1Opinion of the CourtJustice Hunt

The defendants insist, firstly, that the section in question does not lay a tax upon the corporations therein named, and by whom the tax is payable, upon their own account, but *325uses them as a convenient means of collecting the tax from the creditor, or stockholder, upon whom the tax is really laid. They insist as a consequence, secondly, that the present is a tax upon the revenues of the city of Baltimore; and, thirdly, that it is not within the power of Congress to tax the income or property of a municipal corporation.

1. The case of The Railroad Company v. Jackson,* decided in 1868, aud…

2Cited by131 opinions

  1. Flint v. Stone Tracy Co.Supreme Court of the United States · 1911
  2. Barrows v. JacksonSupreme Court of the United States · 1953
  3. Knowlton v. MooreSupreme Court of the United States · 1900
  4. Louisville Joint Stock Land Bank v. RadfordSupreme Court of the United States · 1935
  5. Pollock v. Farmers' Loan & Trust Co.Supreme Court of the United States · 1895

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