Bowers v. Kerbaugh-Empire Co.

Last updated

Bowers v. Kerbaugh-Empire Co.
Seal of the United States Supreme Court.svg
Argued January 25, 1926
Decided May 3, 1926
Full case nameBowers, Collector of Internal Revenue v. Kerbaugh-Empire Company
Citations271 U.S. 170 ( more )
46 S. Ct. 449; 70 L. Ed. 886; 1926 U.S. LEXIS 615; 1 U.S. Tax Cas. (CCH) ¶ 174; 5 A.F.T.R. (P-H) 6014; 1926 P.H. P1865
Case history
PriorKerbaugh-Empire Co. v. Bowers, 300 F. 938 (S.D.N.Y. 1924)
Holding
No taxable income arose from the repayment in German marks of loans that had originally been made in U.S. dollars, despite the fact that the marks had gone down in value relative to the dollar since the loan had been made.
Court membership
Chief Justice
William H. Taft
Associate Justices
Oliver W. Holmes Jr.  · Willis Van Devanter
James C. McReynolds  · Louis Brandeis
George Sutherland  · Pierce Butler
Edward T. Sanford  · Harlan F. Stone
Case opinions
MajorityButler, joined by Taft, Holmes, Van Devanter, McReynolds, Sutherland, Sanford, Stone
ConcurrenceBrandeis
Laws applied
U.S. Const. amend. XVI

Bowers v. Kerbaugh-Empire Co., 271 U.S. 170 (1926), [1] was a case in which the United States Supreme Court held that no taxable income arose from the repayment in German marks of loans that had originally been made in U.S. dollars, despite the fact that the marks had gone down in value relative to the dollar since the loan had been made.

Contents

This decision was narrowed by the court six years later in United States v. Kirby Lumber Co. .

See also

Related Research Articles

<span class="mw-page-title-main">Seventh Amendment to the United States Constitution</span> 1791 amendment regarding right to a jury trial

The Seventh Amendment to the United States Constitution is part of the Bill of Rights. This amendment codifies the right to a jury trial in certain civil cases and inhibits courts from overturning a jury's findings of fact.

Pollock v. Farmers' Loan & Trust Company, 157 U.S. 429 (1895), affirmed on rehearing, 158 U.S. 601 (1895), was a landmark case of the Supreme Court of the United States. In a 5-4 decision, the Supreme Court struck down the income tax imposed by the Wilson–Gorman Tariff Act for being an unapportioned direct tax. The decision was superseded in 1913 by the Sixteenth Amendment to the United States Constitution, which allows Congress to levy income taxes without apportioning them among the states.

Williams v. Mississippi, 170 U.S. 213 (1898), is a United States Supreme Court case that reviewed provisions of the 1890 Mississippi constitution and its statutes that set requirements for voter registration, including poll tax, literacy tests, the grandfather clause, and the requirement that only registered voters could serve on juries. The plaintiff, Henry Williams, claimed that Mississippi's voting laws were upheld with the intent to disenfranchise African Americans, thus violating the Fourteenth Amendment. The U.S. Supreme Court did not find discrimination in the state's laws because, even though the laws made discrimination possible, the laws themselves did not discriminate against African Americans. The court found that any discrimination toward African Americans was performed by the administrative officers enforcing the law and that there was no judicial remedy for this kind of discrimination.

Continental Paper Bag Co. v. Eastern Paper Bag Co., 210 U.S. 405 (1908), was a case in which the Supreme Court of the United States established the principle that patent holders have no obligation to use their patent.

United States v. Kirby Lumber Co., 284 U.S. 1 (1931), was a case in which the United States Supreme Court held that when a corporation settles its debts for less than the face amount, a taxable gain has occurred.

South Carolina v. Baker, 485 U.S. 505 (1988), was a United States Supreme Court case in which the Court ruled that section 310(b)(1) of the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA) does not violate the Tenth Amendment to the United States Constitution.

Eli Lilly and Company v. Medtronic, Inc., 496 U.S. 661 (1990), is a United States Supreme Court case related to patent infringement in the medical device industry. It held that 35 U.S.C. § 271(e)(1) of United States patent law exempted premarketing activity conducted to gain approval of a device under the Federal Food, Drug, and Cosmetic Act from a finding of infringement.

Microsoft Corp. v. AT&T Corp., 550 U.S. 437 (2007), was a United States Supreme Court case in which the Supreme Court reversed a previous decision by the Federal Circuit and ruled in favor of Microsoft, holding that Microsoft was not liable for infringement on AT&T's patent under 35 U.S.C. § 271(f).

Springer v. United States, 102 U.S. 586 (1881), was a case in which the United States Supreme Court upheld the federal income tax imposed under the Revenue Act of 1864.

Hernandez v. Commissioner, 490 U.S. 680 (1989), is a decision of the United States Supreme Court relating to the Internal Revenue Code § 170 charitable contribution deduction.

United States v. Winstar Corp., 518 U.S. 839 (1996), was a decision by the United States Supreme Court which held that the United States Government had breached its contractual obligations. The court in Winstar rejected the Government's "unmistakability defense"—that surrenders of sovereign authority, such as the promise to refrain from regulatory changes, must appear in unmistakable terms in a contract in order to be enforceable.

George W. Bush & Sons Co. v. Malloy, 267 U.S. 317 (1925), was a decision by the United States Supreme Court, which held that the state statute under which the Maryland Public Service Commission (PSC) issued certificates of public convenience and necessity to common carriers engaged in interstate commerce violated the Commerce Clause of the United States Constitution.

United States v. General Electric Co., 272 U.S. 476 (1926), is a decision of the United States Supreme Court holding that a patentee who has granted a single license to a competitor to manufacture the patented product may lawfully fix the price at which the licensee may sell the product.

<i>Gold Clause Cases</i> 1935 United States Supreme Court case

The Gold Clause Cases were a series of actions brought before the Supreme Court of the United States, in which the court narrowly upheld the Roosevelt administration's adjustment of the gold standard in response to the Great Depression.

Hartsville Oil Mill v. United States, 271 U.S. 43 (1926), is a United States Supreme Court case in which the Court held that the jurisdiction of the Court of Claims was not enlarged by Congressional reference legislation when the court already had jurisdiction to hear the case under another section of the Judicial Code. Additionally the court held that modification to the contract in question was not by duress as there had not been an inadequate power in the courts to remedy the effects of the threatened actions.

Yu Cong Eng v. Trinidad, 271 U.S. 500 (1926), was a United States Supreme Court case in which the Court held that a law passed by the US colonial government of the Philippines in 1921, Act No. 2972 of the Philippine Legislature, known as the "Chinese Bookkeeping Act", was unconstitutional. It prevented business records from being kept in the Chinese language.

Smith v. Kansas City Title & Trust Co., 255 U.S. 180 (1921), was a United States Supreme Court case that helped define the range and scope of federal question jurisdiction in state corporate law matters. The case dealt with whether or not a district court had the power to uphold the constitutional validity of the Federal Farm Loan Act of 1916.

References

  1. "Bowers v. Kerbaugh-Empire Co., 271 U.S. 170 (1926)". Justia Law. Retrieved October 5, 2024.