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Claridge Apartments Co. v. Commissioner, 323 U.S. 141 (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.
Claridge Apartments Co. v. Commissioner, 323 U.S. 141 (1944)
Claridge Apartments Co. v. Commissioner of Internal Revenue Nos. 28 and 29 Argued October 19, 20, 1944 Decided December 4, 1944 323 U.S. 141
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE SEVENTH CIRCUIT
Syllabus
1. Whether, by virtue of § 276c(3) of the Bankruptcy Act, § 270 was applicable to a proceeding under § 77B in which a final decree had been entered prior to the effective date of the Chandler Act is a question of law in respect of which the doctrine of Dobson v. Commissioner, 320 U.S. 489, is inapplicable and the determination of the Tax Court is not final. P. 145.
2. Section 270 of the Bankruptcy Act, as amended, requiring that, for income tax purposes, the basis of the debtor’s property be decreased in the amount by which the indebtedness of the debtor has been canceled or reduced in a Chapter X proceeding held not made applicable, by § 276c(3), to a § 77B proceeding in which a final decree had been entered prior to the effective date of the Chandler Act. P. 159.
3. Retroactive application of a statute is not favored. P. 164.
4. The findings of the Tax Court in this case as to the original cost of the property and the propriety of deductions of certain expenses were within the principle of the Dobson case. P. 165.
138 F.2d 962 reversed.
Certiorari, 321 U.S. 759, to review the reversal of a decision of the Tax Court, 1 T.C. 163, setting aside, in part, deficiency assessments of income and excess profits taxes.
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Chicago: U.S. Supreme Court, "Syllabus," Claridge Apartments Co. v. Commissioner, 323 U.S. 141 (1944) in 323 U.S. 141 323 U.S. 142. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=G6NUSQ7HBFPYCJM.
MLA: U.S. Supreme Court. "Syllabus." Claridge Apartments Co. v. Commissioner, 323 U.S. 141 (1944), in 323 U.S. 141, page 323 U.S. 142. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=G6NUSQ7HBFPYCJM.
Harvard: U.S. Supreme Court, 'Syllabus' in Claridge Apartments Co. v. Commissioner, 323 U.S. 141 (1944). cited in 1944, 323 U.S. 141, pp.323 U.S. 142. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=G6NUSQ7HBFPYCJM.
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