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Bowers v. Kerbaugh-Empire Co.

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1926 United States Supreme Court case
Bowers v. Kerbaugh-Empire Co.
Argued January 25, 1926
Decided May 3, 1926
Full case nameBowers, Collector of Internal Revenue v. Kerbaugh-Empire Company
Citations271U.S.170 (more)
46 S. Ct. 449; 70L. Ed. 886; 1926U.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, 300F. 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 theUnited States Supreme Court held that no taxable income arose from the repayment inGerman 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.[1]

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

References

[edit]
  1. ^"Bowers v. Kerbaugh-Empire Co., 271 U.S. 170 (1926)".Justia Law. RetrievedOctober 5, 2024.

External links

[edit]
Scope
Income
Taxable
corporate dividends
Taxable
corporate earnings
Taxable gains
Unlawful income
Deductions
and exemptions
Diminution of loss
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