16 Cited authorities

Commissioner of Internal Revenue v. P. G. Lake, Inc.
356 U.S. 260 (1958) Cited 308 times 2 Legal Analyses
Holding that capital gains treatment was inappropriate where "[t]he substance of what was assigned was the right to receive future income" and the "substance of what was received was the present value of income which the recipient would otherwise obtain in the future"
Morgan v. Commissioner
309 U.S. 78 (1940) Cited 534 times 1 Legal Analyses
Concerning the meaning of "general power of appointment" under a federal revenue act
United States v. Pelzer
312 U.S. 399 (1941) Cited 195 times
In United States v. Pelzer, 312 U.S. 399, 403, 61 S.Ct. 659, 661, 85 L.Ed. 913, the present Chief Justice, in construing Sec. 504(b) of the Revenue Act of 1932, said that the phrase "future interests" was plainly not concerned with varying local definitions of property interests or local refinements of conveyancing and that the "purpose which marks the boundaries of the statutory command" was "the protection of the revenue and the appropriate administration of the tax immunity provided by the statute."
Dowhal v. Smithkline Beecham Consumer Healthcare
32 Cal.4th 910 (Cal. 2004) Cited 45 times 2 Legal Analyses
Concluding that an FDA "letter established a federal policy prohibiting defendants from giving consumers any warning other than the one approved by the FDA in that letter, and that the use of a [warning required by state law] would conflict with that policy"
Raybestos-Manhattan Co. v. U.S.
296 U.S. 60 (1935) Cited 86 times
Assessing tax on transfer of stock despite lack of delivery
Cole v. Ralph
252 U.S. 286 (1920) Cited 102 times
In Cole v. Ralph, 252 U.S. 286, 40 S.Ct. 321, 326, 64 L.Ed. 567, involving conflicting mining claims in the State of Nevada, the court stated, "To sustain a lode location the discovery must be of a vein or lode of rock in place bearing valuable mineral.
Fielder v. City of Los Angeles
14 Cal.App.4th 137 (Cal. Ct. App. 1993) Cited 10 times
Upholding transfer tax
Chevron Oil Company v. United States
471 F.2d 1373 (Fed. Cir. 1973) Cited 2 times
In Chevron Oil Co. v. United States, 471 F.2d 1373, 200 Ct.Cl. 449 (Ct.Cl. 1973), the plaintiff, Chevron Oil Co., raised these same arguments before the Court of Claims.
Stokely v. State ex Rel. Knox
149 Miss. 435 (Miss. 1928) Cited 43 times
No. 26721. February 13, 1928. MINES AND MINERALS. Board of trustees for state insane hospital had no power to execute oil and gas lease on lands owned by hospital ( Hemingway's Code 1927, sections 5768-5797). Board of trustees for the state insane hospital held to have had no power, under Hemingway's Code 1927, sections 5768-5797 (Code 1906, sections 3187-3210), to execute an oil and gas lease on lands owned by hospital, conveying the oil and gas under land and granting exclusive right to conduct
Phillips Petroleum Co. v. Jones
176 F.2d 737 (10th Cir. 1949) Cited 11 times
No. 3878. August 2, 1949. Rehearing Denied October 12, 1949. Appeal from the United States District Court for the Western District of Oklahoma; Stephen S. Chandler, Jr., Judge. Action by Phillips Petroleum Company, a corporation, against H.C. Jones, Collector of Internal Revenue, to recover a stamp tax allegedly wrongfully collected. From the judgment, plaintiff appeals. Judgment affirmed. Rayburn L. Foster, Bartlesville, Okla. (Don Emery, R.B.F. Hummer, Hilary D. Mahin, Bartlesville, Okla., Rufus
Rule 8.520 - Briefs by parties and amici curiae; judicial notice
Cal. R. 8.520 Cited 3,153 times
(a)Parties' briefs; time to file (1) Within 30 days after the Supreme Court files the order of review, the petitioner must serve and file in that court either an opening brief on the merits or the brief it filed in the Court of Appeal. (2) Within 30 days after the petitioner files its brief or the time to do so expires, the opposing party must serve and file either an answer brief on the merits or the brief it filed in the Court of Appeal. (3) The petitioner may file a reply brief on the merits or
Rule 8.252 - Judicial notice; findings and evidence on appeal
Cal. R. 8.252 Cited 593 times
(a)Judicial notice (1) To obtain judicial notice by a reviewing court under Evidence Code section 459, a party must serve and file a separate motion with a proposed order. (2) The motion must state: (A) Why the matter to be noticed is relevant to the appeal; (B) Whether the matter to be noticed was presented to the trial court and, if so, whether judicial notice was taken by that court; (C) If judicial notice of the matter was not taken by the trial court, why the matter is subject to judicial notice

926 NORTH ARDMORE AVENUE v. COUNTY OF LOS ANGELES

16 Cited authorities

Holding that capital gains treatment was inappropriate where "[t]he substance of what was assigned was the right to receive future income" and the "substance of what was received was the present value of income which the recipient would otherwise obtain in the future"

Concerning the meaning of "general power of appointment" under a federal revenue act

Concluding that an FDA "letter established a federal policy prohibiting defendants from giving consumers any warning other than the one approved by the FDA in that letter, and that the use of a [warning required by state law] would conflict with that policy"

Assessing tax on transfer of stock despite lack of delivery

In Cole v. Ralph, 252 U.S. 286, 40 S.Ct. 321, 326, 64 L.Ed. 567, involving conflicting mining claims in the State of Nevada, the court stated, "To sustain a lode location the discovery must be of a vein or lode of rock in place bearing valuable mineral.

Upholding transfer tax

In Chevron Oil Co. v. United States, 471 F.2d 1373, 200 Ct.Cl. 449 (Ct.Cl. 1973), the plaintiff, Chevron Oil Co., raised these same arguments before the Court of Claims.