|
|
Clarke v. Haberle Crystal Springs Brewing Co., 280 U.S. 384 (1930)
Contents:
Show Summary
Hide Summary
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.
Clarke v. Haberle Crystal Springs Brewing Co., 280 U.S. 384 (1930)
Please note: this case begins in mid-page. It therefore shares a citation with the last page of the previous case. If you are attempting to follow a link to the last page of 280 U.S. 379, click here.
Clarke v. Haberle Crystal Springs Brewing Co. No. 68 Argued January 9, 1930 Decided January 27, 1930 280 U.S. 384
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE SECOND CIRCUIT
Syllabus
1. Under § 234(a)(7) of the Revenue Act of 1918, which provides that, in computing the net income of corporations, there shall be allowed as a deduction "a reasonable allowance for the exhaustion, wear, and tear of property used in the trade or business, including a reasonable allowance for obsolescence," a brewing company is not entitled to a deduction for the fiscal year ending May 31, 1919, on account of "exhaustion" or "obsolescence" of its goodwill, although it became certain prior to that period that the goodwill of the company would be destroyed by January 16, 1920, because of prohibition legislation. P. 386.
2. When a business is extinguished as noxious under the Constitution, the government incur no liability for compensation to the owners. P. 386.
3. It will not be presumed that Congress intended to provide partial compensation to the owners of a business extinguished as noxious under the Constitution by an allowance to them, under § 234(a)(7) of the Revenue Act of 1918, of deductions on account of the "exhaustion" or "obsolescence" of the goodwill of the business. P. 386.
30 F.2d 219 reversed.
Certiorari, 279 U.S. 832, to review a judgment of the circuit court of appeals which reversed a judgment of the district court, 20 F.2d 540, dismissing the complaint in a suit to recover money exacted and paid as income taxes.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," Clarke v. Haberle Crystal Springs Brewing Co., 280 U.S. 384 (1930) in 280 U.S. 384 280 U.S. 385. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=D7QM1UAEGTNC62F.
MLA: U.S. Supreme Court. "Syllabus." Clarke v. Haberle Crystal Springs Brewing Co., 280 U.S. 384 (1930), in 280 U.S. 384, page 280 U.S. 385. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=D7QM1UAEGTNC62F.
Harvard: U.S. Supreme Court, 'Syllabus' in Clarke v. Haberle Crystal Springs Brewing Co., 280 U.S. 384 (1930). cited in 1930, 280 U.S. 384, pp.280 U.S. 385. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=D7QM1UAEGTNC62F.
|