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Douglas v. Commissioner, 322 U.S. 275 (1944)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Douglas v. Commissioner, 322 U.S. 275 (1944)
Douglas v. Commissioner of Internal Revenue Nos. 130 and 131 Argued March 7, 1944 Decided May 15, 1944 322 U.S. 275
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE EIGHTH CIRCUIT
Syllabus
1. Article 23 (m)-10(c) of Treasury Regulations 94, which, in the case of a lease of an iron ore mine terminated in 1937 without any ore having been extracted during the existence of the lease, requires that depletion deductions taken in prior years on receipt of advance royalties be restored to the lessor’s capital account and that a corresponding amount be returned as income for the year in which the lease was terminated, held valid as authorized by and consistent with § 23 (m) of the Revenue Act of 1936, and not inconsistent with §§ 113(b)(1)(B) and 114(b)(1) or §§ 41 and 42 of the Act. P. 280.
2. A judgment of the Circuit Court of Appeals reversing a decision of the Board of Tax Appeals which refused to treat as income of the taxpayer for the year in which the lease was terminated the amount of a depletion deduction which, in the year taken and allowed, resulted in no tax benefit, affirmed here by an equally divided court. P. 287.
134 F.2d 762 affirmed.
Certiorari, 320 U.S. 734, to review a Judgment which affirmed in part and reversed in part a decision of the Board of Tax Appeals upon review of determinations of deficiencies in income tax.
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Chicago: U.S. Supreme Court, "Syllabus," Douglas v. Commissioner, 322 U.S. 275 (1944) in 322 U.S. 275 322 U.S. 276. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=2M9MICGGT46XLRI.
MLA: U.S. Supreme Court. "Syllabus." Douglas v. Commissioner, 322 U.S. 275 (1944), in 322 U.S. 275, page 322 U.S. 276. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=2M9MICGGT46XLRI.
Harvard: U.S. Supreme Court, 'Syllabus' in Douglas v. Commissioner, 322 U.S. 275 (1944). cited in 1944, 322 U.S. 275, pp.322 U.S. 276. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=2M9MICGGT46XLRI.
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