Bowers v. Kerbaugh-Empire Co.

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
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), 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.[1]

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

See also

External links

  • Works related to Bowers v. Kerbaugh-Empire Company at Wikisource
  • ^ Text of Bowers v. Kerbaugh-Empire Co., 271 U.S. 170 (1926) is available from: CourtListener  Findlaw  Google Scholar  Justia  Library of Congress  OpenJurist 
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Scope
Income
Taxable
corporate dividends
  • Lynch v. Turrish (1918)
  • Southern Pacific Co. v. Lowe (1918)
  • Lynch v. Hornby (1918)
  • Peabody v. Eisner (1918)
  • Eisner v. Macomber (1920)
  • United States v. Phellis (1921)
  • Rockefeller v. United States (1921)
  • Merchants' Loan & Trust v. Smietanka (1921)
  • Miles v. Safe Deposit Co. (1922)
  • Cullinan v. Walker (1923)
  • Weiss v. Stearn (1924)
  • Marr v. United States (1925)
  • Koshland v. Helvering (1936)
  • Helvering v. Gowran (1937)
Taxable
corporate earnings
  • Edwards v. Cuba Railroad (1925)
  • Burk-Waggoner Assoc. v. Hopkins (1925)
  • Texas & Pacific Railway Co. v. United States (1932)
  • Continental Tie & Lumber Co. v. United States (1932)
  • Helvering v. Mitchell (1938)
  • Helvering v. National Grocery (1938)
  • Helvering v. Northwest Steel Mills (1940)
  • Crane-Johnson Co. v. Helvering (1940)
  • Commissioner v. Glenshaw Glass Co. (1955)
  • General American Investors Co. v. Commissioner (1955)
  • Commissioner v. Gillette Motor Co. (1960)
Taxable gains
Unlawful income
  • United States v. Sullivan (1927)
  • Rutkin v. United States (1952)
  • Commissioner v. Sullivan (1958)
  • James v. United States (1961)
Deductions
and exemptions
Diminution of loss
  • Bowers v. Kerbaugh-Empire Co. (1926)


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