North American Oil Consolidated v. Burnet, 286 U.S. 417 (1932)

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North American Oil Consolidated v. Burnet


No. 575


Argued April 20, 21, 1932
Decided May 23, 1932
286 U.S. 417

CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE NINTH CIRCUIT

Syllabus

1. Section 13(c) of the Revenue Act of 1916, obliging receivers "operating the property and business of corporations" to make returns of net income "as and for such corporations," applied only where a receiver was in complete control of the entire properties and business of the corporation; otherwise, the return must be made by the corporation. P. 422.

2. Part of an operating property was taken over by a receiver in a suit challenging the owner’s title. Held, that the owner need not report income as of the year when it was collected by the receiver, while the right to it was in doubt, but must report it as income of the year when the amount collected was paid over to him and the bill dismissed. P. 423.

3. The fact that appeals from the decree were not determined in his favor until a later year did not defer the time for returning the income. P. 424.

50 F.2d 52 affirmed.

Certiorari, 284 U.S. 614, to review a judgment reversing a decision of the Board of Tax Appeals, 12 B.T.A. 68.