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Northern R. Co. of New Jersey v. Lowe

NORTHERN R. CO. OF NEW JERSEY v. LOWE, Internal Revenue Collector

Northern R. Co. of N.J. v. Lowe, 250 F. 856 (2d Cir. 1918)
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Court
Court of Appeals for the Second Circuit · U.S. Courts of Appeals
Decided
February 13, 1918
Docket
No. 164
Judges
Hand, Hough, Ward
Citations
250 F. 856163 C.C.A. 1701 A.F.T.R. (P-H) 9851918 U.S. App. LEXIS 1983
Disposition
Affirmed.
Cited by 12
Headnotes
Internal Revenue <&wkey;7 — Income Tax — Income of Corporation. A railroad company, although not engaged in business, but which has leased all of its property for a long term, or for the life of its franchise, the rental to be paid by the lessee as interest on its bonds and a fixed dividend on its stock, direct to the bondholders and stockholders, is subject to tax on such rental, under Income Tax Act Oct. 3, 1913, c. 16, § 2G (a), 38 Stat. 172, which imposes such tax on “the entire net income arising or accruing from all sources”; the mode of payment provided in the lease being .merely for convenience in distributing the rental.
Summary
In Error to the District Court of the United States for the Southern District of New York. Action by John B. Lowe, Jr., Collector of Internal Revenue, against the Northern Railroad Company of New Jersey. Judgment for plaintiff, and defendant brings error.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

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PER CURIAM.

Judgment affirmed, on decision in Rensselaer & Saratoga R. R. Co. v. Irwin, 249 Fed. 726 ,-C. C. A. —-

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 12 cases

View all citing references →
1923: 11925: 31926: 11929: 11931: 11932: 11933: 11936: 21953: 119232026peak 1925 · 3

Relies on it most ⓘ

  1. Hamilton v. Kentucky & I. Terminal R.289 F. 20 (6th Cir. 1923)
  2. Old Colony Trust Co. v. Commissioner279 U.S. 716 (1929)
  3. Reynolds v. McMurray60 F.2d 843 (10th Cir. 1932)
  4. Gold & Stock Telegraph Co. v. Commissioner of Internal Revenue83 F.2d 465 (2d Cir. 1936)
  5. United States v. Western Union Telegraph Co.50 F.2d 102 (2d Cir. 1931)
  6. Harwood v. Eaton68 F.2d 12 (2d Cir. 1933)

Most recent

  1. Brockman Bldg. Corp. v. Commissioner21 T.C. 175 (Tax Ct. 1953)
  2. Gold & Stock Telegraph Co. v. Commissioner of Internal Revenue83 F.2d 465 (2d Cir. 1936)
  3. Terre Haute Electric Co. v. Commissioner33 B.T.A. 975 (B.T.A. 1936)
  4. Harwood v. Eaton68 F.2d 12 (2d Cir. 1933)
  5. Reynolds v. McMurray60 F.2d 843 (10th Cir. 1932)
  6. United States v. Western Union Telegraph Co.50 F.2d 102 (2d Cir. 1931)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Rensselaer & S. R. v. Irwin, 249 F. 726 (2d Cir. 1918) 65

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