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Avery v. Commissioner, 292 U.S. 210 (1934)
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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.
Avery v. Commissioner, 292 U.S. 210 (1934)
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Avery v. Commissioner Nos. 791 and 792 Argued April 5, 1934 Decided April 30, 1934 292 U.S. 210
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE SEVENTH CIRCUIT
Syllabus
Where dividends were declared payable on or before December 31st, but, pursuant to the invariable practice and the purpose of the corporation, were paid by checks so transmitted that they did not and could not reach the shareholders until the first business day in January of the following calendar year, held:
1. That, within the intendment of § 213(a) of the Revenue Act of 1924 and like provisions of the Act of 1928, such dividends were " received " in the calendar years in which the checks were received. P. 214.
2. They were not, on December 31, preceding, "cash or other property unqualifiedly made subject" to the shareholder’s demands within the meaning of Treasury Regulations 65, Art. 1541. Id.
67 F.2d 310 reversed.
Certiorari, 291 U.S. 657, to review the affirmance of an order of the Board of Tax Appeals, decision unreported, which sustained deficiency assessments of income taxes.
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Chicago: U.S. Supreme Court, "Syllabus," Avery v. Commissioner, 292 U.S. 210 (1934) in 292 U.S. 210 292 U.S. 211. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=9MWJBIK5B8QZRDB.
MLA: U.S. Supreme Court. "Syllabus." Avery v. Commissioner, 292 U.S. 210 (1934), in 292 U.S. 210, page 292 U.S. 211. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=9MWJBIK5B8QZRDB.
Harvard: U.S. Supreme Court, 'Syllabus' in Avery v. Commissioner, 292 U.S. 210 (1934). cited in 1934, 292 U.S. 210, pp.292 U.S. 211. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=9MWJBIK5B8QZRDB.
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