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Peck & Co v. Lowe, 247 U.S. 165 (1918)
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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.
Peck & Co v. Lowe, 247 U.S. 165 (1918)
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Peck & Co v. Lowe No. 234 Argued December 10, 11, 1917 Decided May 20, 1918 247 U.S. 165
ERROR TO THE DISTRICT COURT OF THE UNITED STATES
FOR THE SOUTHERN DISTRICT OF NEW YORK
Syllabus
The Sixteenth Amendment does not extend the power of taxation to new or excepted subjects, but merely removes occasion for apportioning taxes on income among the states.
Net income of a corporation derived from exporting goods from the states and selling them abroad is subject to be taxed under § II of the Income Tax Law of October 3, 1913, c. 16, 38 Stat. 166, 172, as part of the "entire net income arising or accruing from all sources."
Such a tax, general and in no way discriminating against exports and affecting the export business, at most, only indirectly, is not contrary to the constitutional provision that "no tax or duty shall be laid on articles exported from any state." Art. I, § 9, cl. 5.
234 F. 125 affirmed.
The case is stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Peck & Co v. Lowe, 247 U.S. 165 (1918) in 247 U.S. 165 247 U.S. 166–247 U.S. 171. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=I8C7R8WHTZ13XZS.
MLA: U.S. Supreme Court. "Syllabus." Peck & Co v. Lowe, 247 U.S. 165 (1918), in 247 U.S. 165, pp. 247 U.S. 166–247 U.S. 171. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=I8C7R8WHTZ13XZS.
Harvard: U.S. Supreme Court, 'Syllabus' in Peck & Co v. Lowe, 247 U.S. 165 (1918). cited in 1918, 247 U.S. 165, pp.247 U.S. 166–247 U.S. 171. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=I8C7R8WHTZ13XZS.
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