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Old Colony Trust Co. v. Commissioner, 301 U.S. 379 (1937)
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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.
Old Colony Trust Co. v. Commissioner, 301 U.S. 379 (1937)
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Old Colony Trust Co. v. Commissioner of Internal Revenue No. 703 Argued April 29, 30, 1937 Decided May 17, 1937 301 U.S. 379
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE FIRST CIRCUIT
Syllabus
1. In the computation of the net income of a trust, § 162 of the Revenue Act of 1928 allows deduction of any part of the gross income, without limitation, which, "pursuant to" the terms of the deed creating the trust, is during the tax year paid to charities, etc. Held that payments are "pursuant to" the deed when authorized, though not imperatively directed, by it. P. 383. 2. "Pursuant to" is defined. P. 383.
3. In order that deduction may be allowed, the trust need not show affirmatively that charitable contributions from gross income were actually paid out of income of the year in which they were made. P. 384.
4. It is the policy of Congress to encourage charitable contribution. P. 384.
87 F. 2d 131 reversed.
Certiorari, 300 U.S. 650, to review a judgment reversing, upon appeal, a decision (33 B.T.A. 311) which had in part sustained, and in part overruled, a deficiency income tax assessment.
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Chicago: U.S. Supreme Court, "Syllabus," Old Colony Trust Co. v. Commissioner, 301 U.S. 379 (1937) in 301 U.S. 379 301 U.S. 380. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=NQCHYWE8KDVG6XY.
MLA: U.S. Supreme Court. "Syllabus." Old Colony Trust Co. v. Commissioner, 301 U.S. 379 (1937), in 301 U.S. 379, page 301 U.S. 380. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=NQCHYWE8KDVG6XY.
Harvard: U.S. Supreme Court, 'Syllabus' in Old Colony Trust Co. v. Commissioner, 301 U.S. 379 (1937). cited in 1937, 301 U.S. 379, pp.301 U.S. 380. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=NQCHYWE8KDVG6XY.
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