National Paper & Type Co. v. Bowers, 266 U.S. 373 (1924)

National Paper & Type Company v. Bowers

No. 320

Argued November 24, 1924
Decided December 15, 1924
266 U.S. 373

ERROR TO THE DISTRICT COURT OF THE UNITED STATES

FOR THE SOUTHERN DISTRICT OF NEW YORK

Syllabus

1. Congress may exempt foreign, and not exempt domestic, corporations from taxation of their net income derived from sale abroad of personal property purchased by them in this country. P. 375.

2. To impose such a tax on domestic corporations while exempting foreign corporations, is not to violate rights of the former under the Fifth Amendment. Id.

3. A tax on net income from exports is consistent with Art. I, § 9, par. 5 of the Constitution. Peck & Co. v. Lowe, 247 U.S. 165. Id.

Affirmed.

Error to a judgment of the district court dismissing the complaint in an action to recover money paid under protest as an income tax.