|
|
McCoach v. Minehill & Schuylkill Haven R. Co., 228 U.S. 295 (1913)
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.
McCoach v. Minehill & Schuylkill Haven R. Co., 228 U.S. 295 (1913)
McCoach v. Minehill & Schuylkill Haven Railroad Company No. 670 Argued January 14, 15, 1913 Decided April 7, 1913 228 U.S. 295
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE THIRD CIRCUIT
Syllabus
The corporation tax is imposed upon the doing of corporate business and with respect to the carrying on thereof, and not upon the franchises or property of the corporation irrespective of their use in business. Flint v. Stone Tracy Co., 220 U.S. 107, 145.
A railway corporation which has leased its railroad to another company operating it exclusively, but which maintains its corporate existence and collects and distributes to its stockholders the rental from the lessee and also dividends from investments, is not doing business within the meaning of the Corporation Tax Act. Park Realty Company case sub Flint v. Stone Tracy Co., 220 U.S. 171, distinguished, and Zonne v. Minneapolis Syndicate, 220 U.S. 187, followed.
Quaere whether such a corporation would be subject to the tax if it exercised the power of eminent domain or other corporate powers for the benefit of the lessee.
192 F. 670 affirmed.
The facts, which involve the construction of the provisions of the Corporation Tax Act as to what constitutes doing business by a corporation so as to subject it to the tax, are stated in the opinion.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," McCoach v. Minehill & Schuylkill Haven R. Co., 228 U.S. 295 (1913) in 228 U.S. 295 228 U.S. 297. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=KS5FE8YYHVSN3IC.
MLA: U.S. Supreme Court. "Syllabus." McCoach v. Minehill & Schuylkill Haven R. Co., 228 U.S. 295 (1913), in 228 U.S. 295, page 228 U.S. 297. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=KS5FE8YYHVSN3IC.
Harvard: U.S. Supreme Court, 'Syllabus' in McCoach v. Minehill & Schuylkill Haven R. Co., 228 U.S. 295 (1913). cited in 1913, 228 U.S. 295, pp.228 U.S. 297. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=KS5FE8YYHVSN3IC.
|