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C.M. Menzies, Inc. v. Comm'r

34 B.T.A. 163 (B.T.A. 1936)
C.M. Menzies, Inc. v. Comm'r

8 Cited authorities

  1. Gregory v. Helvering

    293 U.S. 465 (1935)   Cited 1,443 times   6 Legal Analyses
    Holding that when the form of a transaction does not comport with its substance, the substance of the transaction controls for tax liability purposes

  2. Doyle v. Mitchell Brothers Co.

    247 U.S. 179 (1918)   Cited 270 times   1 Legal Analyses
    Holding that Congress may tax a reseller only on its gross income, not its gross receipts

  3. Weiss v. Wiener

    279 U.S. 333 (1929)   Cited 176 times
    In Weiss v. Wiener, 279 U.S. 333, 335, 49 S.Ct. 337, 73 L.Ed. 720, it is said that a "loss must be actual and present, not merely contemplated as more or less sure to occur in the future."

  4. Burnet v. Commonwealth Imp. Co.

    287 U.S. 415 (1932)   Cited 154 times
    In Burnet v. Commonwealth Improvement Co., 287 U.S. 415, this Court appraised the relation between a corporation and its sole stockholder and held taxable to the corporation a profit on a sale to its stockholder.

  5. Lafayette Trust Co. v. Beggs

    107 N.E. 644 (N.Y. 1915)   Cited 51 times
    In Lafayette Trust Co. v. Beggs (213 N.Y. 280), Judge MILLER, in the concurring opinion, speaking of the statute for the liquidation of the affairs of an insolvent bank by the Superintendent of Banks, says (p. 289): "It is true the statute does not expressly provide for a ratable distribution of assets among creditors, but such a distribution being essential to the scheme is necessarily implied.

  6. Hatch v. Oil Co.

    100 U.S. 124 (1879)   Cited 37 times

    OCTOBER TERM, 1879. A. B. agreed, by a contract in writing, to manufacture for C., at a stipulated price, a quantity of staves, and to pile them on lands adjoining their mill, which were leased to him. The contract provided that, on the staves being counted from week to week, A. B. were to be entitled to a certain percentage of the price of the number ascertained; that upon such piling and counting the delivery should be deemed complete, and the staves were thenceforth to be absolutely and unconditionally

  7. Cook v. United States

    3 F. Supp. 47 (Fed. Cl. 1933)

    3 F.Supp. 47 (Ct.Cl. 1933) COOK v. UNITED STATES. No. H-440. United States Court of Claims. April 10, 1933 Judgment for plaintiff. Geo. E. H. Goodner, of Washington, D. C. (Mathews & Trimble, of Washington, D. C., on the brief), for plaintiff. Joseph H. Sheppard, of Washington, D. C., and Charles B. Rugg, Asst. Atty. Gen., for the United States. Before GREEN, LITTLETON, WILLIAMS, and WHALEY, Judges. Plaintiff sues to recover $6,860.49, alleged overpayment of tax for 1920, on the ground that a certain

  8. Matter of Union Bank of Brooklyn

    96 Misc. 299 (N.Y. Sup. Ct. 1916)   Cited 7 times

    July, 1916. Joseph G. Deane, for petitioner. John MacCrate and Forrest S. Chilton (Louis Gold stein, of counsel), for Depositors' Committee of the Union Bank. BENEDICT, J. The petitioner prays that "an order may be made herein authorizing and directing him to declare and pay out of the funds of the Union Bank of Brooklyn, now in his possession available for such purpose, a dividend of five per centum upon the claims allowed, less any offsets which may be claimed or ascertained against any of such