| SooperKanoon Citation | sooperkanoon.com/93488 |
| Court | US Supreme Court |
| Decided On | Mar-28-1921 |
| Case Number | 255 U.S. 522 |
| Appellant | Eldorado Coal and Mining Co. |
| Respondent | Mager |
Notice (8): Undefined variable: kword [APP/View/Case/amp.ctp, line 123]Code Context}//highest occurence of word in the judgementecho $this->Wand->highlight($this->Excerpt->extractRelevant($kword,strtolower(strip_tags($desc['Judgement']['judgement']))), $query) . "</div>";$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Eldorado Coal and Mining Co Vs Mager - Citation 93488 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '93488', 'acts' => null, 'appealno' => '255 U.S. 522', 'appellant' => 'Eldorado Coal and Mining Co.', 'authreffered' => null, 'casename' => 'Eldorado Coal and Mining Co. Vs. Mager', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1921-03-28', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Eldorado Coal & Mining Co. v. Mager - 255 U.S. 522 (1921) <br/> <span> U.S. Supreme Court Eldorado Coal & Mining Co. v. Mager, 255 U.S. 522 (1921) </span> <p> <b> Eldorado Coal & Mining Co. v. Mager </b> </p> <p> <b> No. 609 </b> </p> <p> <b> Argued January 12, 1921 </b> </p> <p> <b> Decided March 28, 1921 </b> </p> <p> <b> 255 U.S. 522 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE DISTRICT COURT OF THE UNITED STATES </em> </p> <p> <em> FOR THE NORTHERN DISTRICT OF ILLINOIS </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> A mining corporation, upon a sale of its mine and plant in 1917, realized a profit representing an appreciation in their value since March 1, 1913. <em> Held </em> that the increase was taxable as income. P. <span> <a href="/case/93488/eldorado-coal-mining-co-vs-mager#526"> 255 U. S. 526 </a> </span> . <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a href="/case/78875/merchants-loan-trust-co-vs-smietanka"> 255 U. S. 509 </a> </span> . </p> <p> Affirmed. </p> <p> The case is stated in the opinion. </p> <p> <a class="page-number" id="525"> Page 255 U. S. 525 </a> </p> <p> </p> <p> MR. JUSTICE CLARKE delivered the opinion of the Court. </p> <p> This case comes into this Court on a writ of error to review a judgment of the District Court of the United States for the Northern District of Illinois sustaining a demurrer to a declaration in assumpsit to recover an assessment of income and excess profits taxes for the year 1917 under warrant of the Income Tax Act of Congress approved September 8, 1916 (39 Stat. c. 463, p. 756) as amended by the act approved October 3, 1917, c. 63, 40 Stat. 300. Payment was made under protest, and the claim to recover is based upon the same contention dealt with in No. 608, <span> <a href="/case/78875/merchants-loan-trust-co-vs-smietanka"> 255 U. S. 509 </a> </span> , that the fund taxed was not "income" within the scope of the Sixteenth Amendment to the Constitution of the United States, and that the effect given by the lower court to the act renders it unconstitutional and void. </p> <p> The Eldorado Coal & Mining Company is an Indiana </p> <p> <a class="page-number" id="526"> Page 255 U. S. 526 </a> </p> <p> corporation which operated a bituminous coal mine and mining plant which it sold in May, 1917, for cash. The company retained its accounts receivable and, prior to September 30, 1917, it distributed among its stockholders, proportionately to their ownership of stocks, the cash received from the sale, and the accounts receivable in kind. The corporation, however, was not dissolved, nor its charter surrendered, because there were unsettled liabilities against it for federal income taxes and excess profit taxes. Otherwise, its affairs were wound up. </p> <p> It is averred in the declaration that, taking the fair market value as of March 1, 1913, of the capital assets of the company invested and employed in its business, and adding thereto the cost of additions and betterments, and subtracting depreciation and depletion to the date of sale, it appears that there was an appreciation in value of the property after March 1, 1913, of $5,986.02, and it was on this profit realized by the sale that the assessment of $3,073.16 was made which the company paid, and in this suit seeks to recover. </p> <p> It is obvious from this statement of the case that it presents in so nearly the same form precisely the same questions as were considered in No. 608, <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a href="/case/78875/merchants-loan-trust-co-vs-smietanka"> 255 U. S. 509 </a> </span> , that further discussion of them is unnecessary, and, on the authority of that case, the judgment of the district court is </p> <p> <em> Affirmed. </em> </p> <p> MR. JUSTICE HOLMES and MR. 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Mager </b> </p> <p> <b> No. 609 </b> </p> <p> <b> Argued January 12, 1921 </b> </p> <p> <b> Decided March 28, 1921 </b> </p> <p> <b> 255 U.S. 522 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE DISTRICT COURT OF THE UNITED STATES </em> </p> <p> <em> FOR THE NORTHERN DISTRICT OF ILLINOIS </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> A mining corporation, upon a sale of its mine and plant in 1917, realized a profit representing an appreciation in their value since March 1, 1913. <em> Held </em> that the increase was taxable as income. P. <span> <a> 255 U. S. 526 </a> </span> . <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a> 255 U. S. 509 </a> </span> . </p> <p> Affirmed. </p> <p> The case is stated in the opinion. </p> <p> <a> Page 255 U. S. 525 </a> </p> <p> </p> <p> MR. JUSTICE CLARKE delivered the opinion of the Court. </p> <p> This case comes into this Court on a writ of error to review a judgment of the District Court of the United States for the Northern District of Illinois sustaining a demurrer to a declaration in assumpsit to recover an assessment of income and excess profits taxes for the year 1917 under warrant of the Income Tax Act of Congress approved September 8, 1916 (39 Stat. c. 463, p. 756) as amended by the act approved October 3, 1917, c. 63, 40 Stat. 300. Payment was made under protest, and the claim to recover is based upon the same contention dealt with in No. 608, <span> <a> 255 U. S. 509 </a> </span> , that the fund taxed was not "income" within the scope of the Sixteenth Amendment to the Constitution of the United States, and that the effect given by the lower court to the act renders it unconstitutional and void. </p> <p> The Eldorado Coal & Mining Company is an Indiana </p> <p> <a> Page 255 U. S. 526 </a> </p> <p> corporation which operated a bituminous coal mine and mining plant which it sold in May, 1917, for cash. The company retained its accounts receivable and, prior to September 30, 1917, it distributed among its stockholders, proportionately to their ownership of stocks, the cash received from the sale, and the accounts receivable in kind. The corporation, however, was not dissolved, nor its charter surrendered, because there were unsettled liabilities against it for federal income taxes and excess profit taxes. 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S. 509 </a> </span> , that further discussion of them is unnecessary, and, on the authority of that case, the judgment of the district court is </p> <p> <em> Affirmed. </em> </p> <p> MR. JUSTICE HOLMES and MR. JUSTICE BRANDEIS, because of prior decisions of the Court, concur only in the judgment. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Mager', 'sub' => null, 'link' => '/cases/federal/us/255/522/', 'circuit' => null ) ) $casename_url = 'eldorado-coal-mining-co-vs-mager' $args = array( (int) 0 => '93488', (int) 1 => 'eldorado-coal-mining-co-vs-mager' ) $url = 'https://sooperkanoon.com/case/amp/93488/eldorado-coal-mining-co-vs-mager' $ctype = '' $date = array( (int) 0 => 'Mar', (int) 1 => '28', (int) 2 => '1921' )include - APP/View/Case/amp.ctp, line 123 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 123]eldorado coal & mining co. v. mager - 255 u.s. 522 (1921) u.s. supreme court eldorado coal & mining co. v. mager, 255 u.s. 522 (1921) eldorado coal & mining co. v. mager no. 609 argued january 12, 1921 decided march 28, 1921 255 u.s. 522 error to the district court of the united states for the northern district of illinois syllabus a mining corporation, upon a sale of its mine and plant in 1917, realized a profit representing an appreciation in their value since march 1, 1913. held that the increase was taxable as income. p. 255 u. s. 526 . merchants' loan & trust co. v. smietanka, ante, 255 u. s. 509 . affirmed. the case is stated in the opinion. page 255 u. s. 525 mr......Code Context}//highest occurence of word in the judgementecho $this->Wand->highlight($this->Excerpt->extractRelevant($kword,strtolower(strip_tags($desc['Judgement']['judgement']))), $query) . 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Mager </b> </p> <p> <b> No. 609 </b> </p> <p> <b> Argued January 12, 1921 </b> </p> <p> <b> Decided March 28, 1921 </b> </p> <p> <b> 255 U.S. 522 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE DISTRICT COURT OF THE UNITED STATES </em> </p> <p> <em> FOR THE NORTHERN DISTRICT OF ILLINOIS </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> A mining corporation, upon a sale of its mine and plant in 1917, realized a profit representing an appreciation in their value since March 1, 1913. <em> Held </em> that the increase was taxable as income. P. <span> <a href="/case/93488/eldorado-coal-mining-co-vs-mager#526"> 255 U. S. 526 </a> </span> . <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a href="/case/78875/merchants-loan-trust-co-vs-smietanka"> 255 U. S. 509 </a> </span> . </p> <p> Affirmed. </p> <p> The case is stated in the opinion. </p> <p> <a class="page-number" id="525"> Page 255 U. S. 525 </a> </p> <p> </p> <p> MR. JUSTICE CLARKE delivered the opinion of the Court. </p> <p> This case comes into this Court on a writ of error to review a judgment of the District Court of the United States for the Northern District of Illinois sustaining a demurrer to a declaration in assumpsit to recover an assessment of income and excess profits taxes for the year 1917 under warrant of the Income Tax Act of Congress approved September 8, 1916 (39 Stat. c. 463, p. 756) as amended by the act approved October 3, 1917, c. 63, 40 Stat. 300. Payment was made under protest, and the claim to recover is based upon the same contention dealt with in No. 608, <span> <a href="/case/78875/merchants-loan-trust-co-vs-smietanka"> 255 U. S. 509 </a> </span> , that the fund taxed was not "income" within the scope of the Sixteenth Amendment to the Constitution of the United States, and that the effect given by the lower court to the act renders it unconstitutional and void. </p> <p> The Eldorado Coal & Mining Company is an Indiana </p> <p> <a class="page-number" id="526"> Page 255 U. S. 526 </a> </p> <p> corporation which operated a bituminous coal mine and mining plant which it sold in May, 1917, for cash. The company retained its accounts receivable and, prior to September 30, 1917, it distributed among its stockholders, proportionately to their ownership of stocks, the cash received from the sale, and the accounts receivable in kind. The corporation, however, was not dissolved, nor its charter surrendered, because there were unsettled liabilities against it for federal income taxes and excess profit taxes. Otherwise, its affairs were wound up. </p> <p> It is averred in the declaration that, taking the fair market value as of March 1, 1913, of the capital assets of the company invested and employed in its business, and adding thereto the cost of additions and betterments, and subtracting depreciation and depletion to the date of sale, it appears that there was an appreciation in value of the property after March 1, 1913, of $5,986.02, and it was on this profit realized by the sale that the assessment of $3,073.16 was made which the company paid, and in this suit seeks to recover. </p> <p> It is obvious from this statement of the case that it presents in so nearly the same form precisely the same questions as were considered in No. 608, <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a href="/case/78875/merchants-loan-trust-co-vs-smietanka"> 255 U. 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Mager </b> </p> <p> <b> No. 609 </b> </p> <p> <b> Argued January 12, 1921 </b> </p> <p> <b> Decided March 28, 1921 </b> </p> <p> <b> 255 U.S. 522 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE DISTRICT COURT OF THE UNITED STATES </em> </p> <p> <em> FOR THE NORTHERN DISTRICT OF ILLINOIS </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> A mining corporation, upon a sale of its mine and plant in 1917, realized a profit representing an appreciation in their value since March 1, 1913. <em> Held </em> that the increase was taxable as income. P. <span> <a> 255 U. S. 526 </a> </span> . <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a> 255 U. S. 509 </a> </span> . </p> <p> Affirmed. </p> <p> The case is stated in the opinion. </p> <p> <a> Page 255 U. S. 525 </a> </p> <p> </p> <p> MR. JUSTICE CLARKE delivered the opinion of the Court. </p> <p> This case comes into this Court on a writ of error to review a judgment of the District Court of the United States for the Northern District of Illinois sustaining a demurrer to a declaration in assumpsit to recover an assessment of income and excess profits taxes for the year 1917 under warrant of the Income Tax Act of Congress approved September 8, 1916 (39 Stat. c. 463, p. 756) as amended by the act approved October 3, 1917, c. 63, 40 Stat. 300. Payment was made under protest, and the claim to recover is based upon the same contention dealt with in No. 608, <span> <a> 255 U. S. 509 </a> </span> , that the fund taxed was not "income" within the scope of the Sixteenth Amendment to the Constitution of the United States, and that the effect given by the lower court to the act renders it unconstitutional and void. </p> <p> The Eldorado Coal & Mining Company is an Indiana </p> <p> <a> Page 255 U. S. 526 </a> </p> <p> corporation which operated a bituminous coal mine and mining plant which it sold in May, 1917, for cash. The company retained its accounts receivable and, prior to September 30, 1917, it distributed among its stockholders, proportionately to their ownership of stocks, the cash received from the sale, and the accounts receivable in kind. The corporation, however, was not dissolved, nor its charter surrendered, because there were unsettled liabilities against it for federal income taxes and excess profit taxes. 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S. 509 </a> </span> , that further discussion of them is unnecessary, and, on the authority of that case, the judgment of the district court is </p> <p> <em> Affirmed. </em> </p> <p> MR. JUSTICE HOLMES and MR. 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Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Eldorado Coal and Mining Co Vs Mager - Citation 93488 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '93488', 'acts' => null, 'appealno' => '255 U.S. 522', 'appellant' => 'Eldorado Coal and Mining Co.', 'authreffered' => null, 'casename' => 'Eldorado Coal and Mining Co. Vs. Mager', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1921-03-28', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Eldorado Coal & Mining Co. v. Mager - 255 U.S. 522 (1921) <br/> <span> U.S. Supreme Court Eldorado Coal & Mining Co. v. Mager, 255 U.S. 522 (1921) </span> <p> <b> Eldorado Coal & Mining Co. v. Mager </b> </p> <p> <b> No. 609 </b> </p> <p> <b> Argued January 12, 1921 </b> </p> <p> <b> Decided March 28, 1921 </b> </p> <p> <b> 255 U.S. 522 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE DISTRICT COURT OF THE UNITED STATES </em> </p> <p> <em> FOR THE NORTHERN DISTRICT OF ILLINOIS </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> A mining corporation, upon a sale of its mine and plant in 1917, realized a profit representing an appreciation in their value since March 1, 1913. <em> Held </em> that the increase was taxable as income. P. <span> <a href="/case/93488/eldorado-coal-mining-co-vs-mager#526"> 255 U. S. 526 </a> </span> . <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a href="/case/78875/merchants-loan-trust-co-vs-smietanka"> 255 U. S. 509 </a> </span> . </p> <p> Affirmed. </p> <p> The case is stated in the opinion. </p> <p> <a class="page-number" id="525"> Page 255 U. S. 525 </a> </p> <p> </p> <p> MR. JUSTICE CLARKE delivered the opinion of the Court. </p> <p> This case comes into this Court on a writ of error to review a judgment of the District Court of the United States for the Northern District of Illinois sustaining a demurrer to a declaration in assumpsit to recover an assessment of income and excess profits taxes for the year 1917 under warrant of the Income Tax Act of Congress approved September 8, 1916 (39 Stat. c. 463, p. 756) as amended by the act approved October 3, 1917, c. 63, 40 Stat. 300. Payment was made under protest, and the claim to recover is based upon the same contention dealt with in No. 608, <span> <a href="/case/78875/merchants-loan-trust-co-vs-smietanka"> 255 U. S. 509 </a> </span> , that the fund taxed was not "income" within the scope of the Sixteenth Amendment to the Constitution of the United States, and that the effect given by the lower court to the act renders it unconstitutional and void. </p> <p> The Eldorado Coal & Mining Company is an Indiana </p> <p> <a class="page-number" id="526"> Page 255 U. S. 526 </a> </p> <p> corporation which operated a bituminous coal mine and mining plant which it sold in May, 1917, for cash. The company retained its accounts receivable and, prior to September 30, 1917, it distributed among its stockholders, proportionately to their ownership of stocks, the cash received from the sale, and the accounts receivable in kind. The corporation, however, was not dissolved, nor its charter surrendered, because there were unsettled liabilities against it for federal income taxes and excess profit taxes. Otherwise, its affairs were wound up. </p> <p> It is averred in the declaration that, taking the fair market value as of March 1, 1913, of the capital assets of the company invested and employed in its business, and adding thereto the cost of additions and betterments, and subtracting depreciation and depletion to the date of sale, it appears that there was an appreciation in value of the property after March 1, 1913, of $5,986.02, and it was on this profit realized by the sale that the assessment of $3,073.16 was made which the company paid, and in this suit seeks to recover. </p> <p> It is obvious from this statement of the case that it presents in so nearly the same form precisely the same questions as were considered in No. 608, <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a href="/case/78875/merchants-loan-trust-co-vs-smietanka"> 255 U. S. 509 </a> </span> , that further discussion of them is unnecessary, and, on the authority of that case, the judgment of the district court is </p> <p> <em> Affirmed. </em> </p> <p> MR. JUSTICE HOLMES and MR. JUSTICE BRANDEIS, because of prior decisions of the Court, concur only in the judgment. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Mager', 'sub' => null, 'link' => '/cases/federal/us/255/522/', 'circuit' => null ) ), 'casename_url' => 'eldorado-coal-mining-co-vs-mager', 'args' => array( (int) 0 => '93488', (int) 1 => 'eldorado-coal-mining-co-vs-mager' ) ) $title_for_layout = 'Eldorado Coal and Mining Co Vs Mager - Citation 93488 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '93488', 'acts' => null, 'appealno' => '255 U.S. 522', 'appellant' => 'Eldorado Coal and Mining Co.', 'authreffered' => null, 'casename' => 'Eldorado Coal and Mining Co. Vs. Mager', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1921-03-28', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Eldorado Coal & Mining Co. v. Mager - 255 U.S. 522 (1921) <br/> <span> U.S. Supreme Court Eldorado Coal & Mining Co. v. Mager, 255 U.S. 522 (1921) </span> <p> <b> Eldorado Coal & Mining Co. v. Mager </b> </p> <p> <b> No. 609 </b> </p> <p> <b> Argued January 12, 1921 </b> </p> <p> <b> Decided March 28, 1921 </b> </p> <p> <b> 255 U.S. 522 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE DISTRICT COURT OF THE UNITED STATES </em> </p> <p> <em> FOR THE NORTHERN DISTRICT OF ILLINOIS </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> A mining corporation, upon a sale of its mine and plant in 1917, realized a profit representing an appreciation in their value since March 1, 1913. <em> Held </em> that the increase was taxable as income. P. <span> <a> 255 U. S. 526 </a> </span> . <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a> 255 U. S. 509 </a> </span> . </p> <p> Affirmed. </p> <p> The case is stated in the opinion. </p> <p> <a> Page 255 U. S. 525 </a> </p> <p> </p> <p> MR. JUSTICE CLARKE delivered the opinion of the Court. </p> <p> This case comes into this Court on a writ of error to review a judgment of the District Court of the United States for the Northern District of Illinois sustaining a demurrer to a declaration in assumpsit to recover an assessment of income and excess profits taxes for the year 1917 under warrant of the Income Tax Act of Congress approved September 8, 1916 (39 Stat. c. 463, p. 756) as amended by the act approved October 3, 1917, c. 63, 40 Stat. 300. Payment was made under protest, and the claim to recover is based upon the same contention dealt with in No. 608, <span> <a> 255 U. S. 509 </a> </span> , that the fund taxed was not "income" within the scope of the Sixteenth Amendment to the Constitution of the United States, and that the effect given by the lower court to the act renders it unconstitutional and void. </p> <p> The Eldorado Coal & Mining Company is an Indiana </p> <p> <a> Page 255 U. S. 526 </a> </p> <p> corporation which operated a bituminous coal mine and mining plant which it sold in May, 1917, for cash. The company retained its accounts receivable and, prior to September 30, 1917, it distributed among its stockholders, proportionately to their ownership of stocks, the cash received from the sale, and the accounts receivable in kind. The corporation, however, was not dissolved, nor its charter surrendered, because there were unsettled liabilities against it for federal income taxes and excess profit taxes. Otherwise, its affairs were wound up. </p> <p> It is averred in the declaration that, taking the fair market value as of March 1, 1913, of the capital assets of the company invested and employed in its business, and adding thereto the cost of additions and betterments, and subtracting depreciation and depletion to the date of sale, it appears that there was an appreciation in value of the property after March 1, 1913, of $5,986.02, and it was on this profit realized by the sale that the assessment of $3,073.16 was made which the company paid, and in this suit seeks to recover. </p> <p> It is obvious from this statement of the case that it presents in so nearly the same form precisely the same questions as were considered in No. 608, <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a> 255 U. S. 509 </a> </span> , that further discussion of them is unnecessary, and, on the authority of that case, the judgment of the district court is </p> <p> <em> Affirmed. </em> </p> <p> MR. JUSTICE HOLMES and MR. JUSTICE BRANDEIS, because of prior decisions of the Court, concur only in the judgment. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Mager', 'sub' => null, 'link' => '/cases/federal/us/255/522/', 'circuit' => null ) ) $casename_url = 'eldorado-coal-mining-co-vs-mager' $args = array( (int) 0 => '93488', (int) 1 => 'eldorado-coal-mining-co-vs-mager' ) $url = 'https://sooperkanoon.com/case/amp/93488/eldorado-coal-mining-co-vs-mager' $ctype = '' $date = array( (int) 0 => 'Mar', (int) 1 => '28', (int) 2 => '1921' ) $content = array( (int) 0 => '<html><head></head><body><div> Eldorado Coal & Mining Co. v. Mager - 255 U.S. 522 (1921) <br/> <span> U.S. Supreme Court Eldorado Coal & Mining Co. v. Mager, 255 U.S. 522 (1921) </span> <p> <b> Eldorado Coal & Mining Co. v. Mager </b> ', (int) 1 => ' <p> <b> No. 609 </b> ', (int) 2 => ' <p> <b> Argued January 12, 1921 </b> ', (int) 3 => ' <p> <b> Decided March 28, 1921 </b> ', (int) 4 => ' <p> <b> 255 U.S. 522 </b> ', (int) 5 => ' <p> <b> </b> ', (int) 6 => ' <p> <em> ERROR TO THE DISTRICT COURT OF THE UNITED STATES </em> ', (int) 7 => ' <p> <em> FOR THE NORTHERN DISTRICT OF ILLINOIS </em> ', (int) 8 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 9 => ' <p> A mining corporation, upon a sale of its mine and plant in 1917, realized a profit representing an appreciation in their value since March 1, 1913. <em> Held </em> that the increase was taxable as income. P. <span> <a> 255 U. S. 526 </a> </span> . <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a> 255 U. S. 509 </a> </span> . ', (int) 10 => ' <p> Affirmed. ', (int) 11 => ' <p> The case is stated in the opinion. ', (int) 12 => ' <p> <a> Page 255 U. S. 525 </a> ', (int) 13 => ' <p> ', (int) 14 => ' <p> MR. JUSTICE CLARKE delivered the opinion of the Court. ', (int) 15 => ' <p> This case comes into this Court on a writ of error to review a judgment of the District Court of the United States for the Northern District of Illinois sustaining a demurrer to a declaration in assumpsit to recover an assessment of income and excess profits taxes for the year 1917 under warrant of the Income Tax Act of Congress approved September 8, 1916 (39 Stat. c. 463, p. 756) as amended by the act approved October 3, 1917, c. 63, 40 Stat. 300. Payment was made under protest, and the claim to recover is based upon the same contention dealt with in No. 608, <span> <a> 255 U. S. 509 </a> </span> , that the fund taxed was not "income" within the scope of the Sixteenth Amendment to the Constitution of the United States, and that the effect given by the lower court to the act renders it unconstitutional and void. ', (int) 16 => ' <p> The Eldorado Coal & Mining Company is an Indiana ', (int) 17 => ' <p> <a> Page 255 U. S. 526 </a> ', (int) 18 => ' <p> corporation which operated a bituminous coal mine and mining plant which it sold in May, 1917, for cash. The company retained its accounts receivable and, prior to September 30, 1917, it distributed among its stockholders, proportionately to their ownership of stocks, the cash received from the sale, and the accounts receivable in kind. The corporation, however, was not dissolved, nor its charter surrendered, because there were unsettled liabilities against it for federal income taxes and excess profit taxes. Otherwise, its affairs were wound up. ', (int) 19 => ' <p> It is averred in the declaration that, taking the fair market value as of March 1, 1913, of the capital assets of the company invested and employed in its business, and adding thereto the cost of additions and betterments, and subtracting depreciation and depletion to the date of sale, it appears that there was an appreciation in value of the property after March 1, 1913, of $5,986.02, and it was on this profit realized by the sale that the assessment of $3,073.16 was made which the company paid, and in this suit seeks to recover. ', (int) 20 => ' <p> It is obvious from this statement of the case that it presents in so nearly the same form precisely the same questions as were considered in No. 608, <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a> 255 U. S. 509 </a> </span> , that further discussion of them is unnecessary, and, on the authority of that case, the judgment of the district court is ', (int) 21 => ' <p> <em> Affirmed. </em> ', (int) 22 => ' <p> MR. JUSTICE HOLMES and MR. JUSTICE BRANDEIS, because of prior decisions of the Court, concur only in the judgment. ', (int) 23 => ' <br/> <br/> </div></body></html>' ) $paragraphAfter = (int) 1 $cnt = (int) 24 $i = (int) 0include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
Eldorado Coal & Mining Co. v. Mager
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Eldorado Coal and Mining Co Vs Mager - Citation 93488 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '93488', 'acts' => null, 'appealno' => '255 U.S. 522', 'appellant' => 'Eldorado Coal and Mining Co.', 'authreffered' => null, 'casename' => 'Eldorado Coal and Mining Co. Vs. Mager', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1921-03-28', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Eldorado Coal & Mining Co. v. Mager - 255 U.S. 522 (1921) <br/> <span> U.S. Supreme Court Eldorado Coal & Mining Co. v. Mager, 255 U.S. 522 (1921) </span> <p> <b> Eldorado Coal & Mining Co. v. Mager </b> </p> <p> <b> No. 609 </b> </p> <p> <b> Argued January 12, 1921 </b> </p> <p> <b> Decided March 28, 1921 </b> </p> <p> <b> 255 U.S. 522 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE DISTRICT COURT OF THE UNITED STATES </em> </p> <p> <em> FOR THE NORTHERN DISTRICT OF ILLINOIS </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> A mining corporation, upon a sale of its mine and plant in 1917, realized a profit representing an appreciation in their value since March 1, 1913. <em> Held </em> that the increase was taxable as income. P. <span> <a href="/case/93488/eldorado-coal-mining-co-vs-mager#526"> 255 U. S. 526 </a> </span> . <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a href="/case/78875/merchants-loan-trust-co-vs-smietanka"> 255 U. S. 509 </a> </span> . </p> <p> Affirmed. </p> <p> The case is stated in the opinion. </p> <p> <a class="page-number" id="525"> Page 255 U. S. 525 </a> </p> <p> </p> <p> MR. JUSTICE CLARKE delivered the opinion of the Court. </p> <p> This case comes into this Court on a writ of error to review a judgment of the District Court of the United States for the Northern District of Illinois sustaining a demurrer to a declaration in assumpsit to recover an assessment of income and excess profits taxes for the year 1917 under warrant of the Income Tax Act of Congress approved September 8, 1916 (39 Stat. c. 463, p. 756) as amended by the act approved October 3, 1917, c. 63, 40 Stat. 300. Payment was made under protest, and the claim to recover is based upon the same contention dealt with in No. 608, <span> <a href="/case/78875/merchants-loan-trust-co-vs-smietanka"> 255 U. S. 509 </a> </span> , that the fund taxed was not "income" within the scope of the Sixteenth Amendment to the Constitution of the United States, and that the effect given by the lower court to the act renders it unconstitutional and void. </p> <p> The Eldorado Coal & Mining Company is an Indiana </p> <p> <a class="page-number" id="526"> Page 255 U. S. 526 </a> </p> <p> corporation which operated a bituminous coal mine and mining plant which it sold in May, 1917, for cash. The company retained its accounts receivable and, prior to September 30, 1917, it distributed among its stockholders, proportionately to their ownership of stocks, the cash received from the sale, and the accounts receivable in kind. The corporation, however, was not dissolved, nor its charter surrendered, because there were unsettled liabilities against it for federal income taxes and excess profit taxes. Otherwise, its affairs were wound up. </p> <p> It is averred in the declaration that, taking the fair market value as of March 1, 1913, of the capital assets of the company invested and employed in its business, and adding thereto the cost of additions and betterments, and subtracting depreciation and depletion to the date of sale, it appears that there was an appreciation in value of the property after March 1, 1913, of $5,986.02, and it was on this profit realized by the sale that the assessment of $3,073.16 was made which the company paid, and in this suit seeks to recover. </p> <p> It is obvious from this statement of the case that it presents in so nearly the same form precisely the same questions as were considered in No. 608, <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a href="/case/78875/merchants-loan-trust-co-vs-smietanka"> 255 U. S. 509 </a> </span> , that further discussion of them is unnecessary, and, on the authority of that case, the judgment of the district court is </p> <p> <em> Affirmed. </em> </p> <p> MR. JUSTICE HOLMES and MR. JUSTICE BRANDEIS, because of prior decisions of the Court, concur only in the judgment. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Mager', 'sub' => null, 'link' => '/cases/federal/us/255/522/', 'circuit' => null ) ), 'casename_url' => 'eldorado-coal-mining-co-vs-mager', 'args' => array( (int) 0 => '93488', (int) 1 => 'eldorado-coal-mining-co-vs-mager' ) ) $title_for_layout = 'Eldorado Coal and Mining Co Vs Mager - Citation 93488 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '93488', 'acts' => null, 'appealno' => '255 U.S. 522', 'appellant' => 'Eldorado Coal and Mining Co.', 'authreffered' => null, 'casename' => 'Eldorado Coal and Mining Co. Vs. Mager', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1921-03-28', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Eldorado Coal & Mining Co. v. Mager - 255 U.S. 522 (1921) <br/> <span> U.S. Supreme Court Eldorado Coal & Mining Co. v. Mager, 255 U.S. 522 (1921) </span> <p> <b> Eldorado Coal & Mining Co. v. Mager </b> </p> <p> <b> No. 609 </b> </p> <p> <b> Argued January 12, 1921 </b> </p> <p> <b> Decided March 28, 1921 </b> </p> <p> <b> 255 U.S. 522 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE DISTRICT COURT OF THE UNITED STATES </em> </p> <p> <em> FOR THE NORTHERN DISTRICT OF ILLINOIS </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> A mining corporation, upon a sale of its mine and plant in 1917, realized a profit representing an appreciation in their value since March 1, 1913. <em> Held </em> that the increase was taxable as income. P. <span> <a> 255 U. S. 526 </a> </span> . <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a> 255 U. S. 509 </a> </span> . </p> <p> Affirmed. </p> <p> The case is stated in the opinion. </p> <p> <a> Page 255 U. S. 525 </a> </p> <p> </p> <p> MR. JUSTICE CLARKE delivered the opinion of the Court. </p> <p> This case comes into this Court on a writ of error to review a judgment of the District Court of the United States for the Northern District of Illinois sustaining a demurrer to a declaration in assumpsit to recover an assessment of income and excess profits taxes for the year 1917 under warrant of the Income Tax Act of Congress approved September 8, 1916 (39 Stat. c. 463, p. 756) as amended by the act approved October 3, 1917, c. 63, 40 Stat. 300. Payment was made under protest, and the claim to recover is based upon the same contention dealt with in No. 608, <span> <a> 255 U. S. 509 </a> </span> , that the fund taxed was not "income" within the scope of the Sixteenth Amendment to the Constitution of the United States, and that the effect given by the lower court to the act renders it unconstitutional and void. </p> <p> The Eldorado Coal & Mining Company is an Indiana </p> <p> <a> Page 255 U. S. 526 </a> </p> <p> corporation which operated a bituminous coal mine and mining plant which it sold in May, 1917, for cash. The company retained its accounts receivable and, prior to September 30, 1917, it distributed among its stockholders, proportionately to their ownership of stocks, the cash received from the sale, and the accounts receivable in kind. The corporation, however, was not dissolved, nor its charter surrendered, because there were unsettled liabilities against it for federal income taxes and excess profit taxes. Otherwise, its affairs were wound up. </p> <p> It is averred in the declaration that, taking the fair market value as of March 1, 1913, of the capital assets of the company invested and employed in its business, and adding thereto the cost of additions and betterments, and subtracting depreciation and depletion to the date of sale, it appears that there was an appreciation in value of the property after March 1, 1913, of $5,986.02, and it was on this profit realized by the sale that the assessment of $3,073.16 was made which the company paid, and in this suit seeks to recover. </p> <p> It is obvious from this statement of the case that it presents in so nearly the same form precisely the same questions as were considered in No. 608, <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a> 255 U. S. 509 </a> </span> , that further discussion of them is unnecessary, and, on the authority of that case, the judgment of the district court is </p> <p> <em> Affirmed. </em> </p> <p> MR. JUSTICE HOLMES and MR. JUSTICE BRANDEIS, because of prior decisions of the Court, concur only in the judgment. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Mager', 'sub' => null, 'link' => '/cases/federal/us/255/522/', 'circuit' => null ) ) $casename_url = 'eldorado-coal-mining-co-vs-mager' $args = array( (int) 0 => '93488', (int) 1 => 'eldorado-coal-mining-co-vs-mager' ) $url = 'https://sooperkanoon.com/case/amp/93488/eldorado-coal-mining-co-vs-mager' $ctype = '' $date = array( (int) 0 => 'Mar', (int) 1 => '28', (int) 2 => '1921' ) $content = array( (int) 0 => '<html><head></head><body><div> Eldorado Coal & Mining Co. v. Mager - 255 U.S. 522 (1921) <br/> <span> U.S. Supreme Court Eldorado Coal & Mining Co. v. Mager, 255 U.S. 522 (1921) </span> <p> <b> Eldorado Coal & Mining Co. v. Mager </b> ', (int) 1 => ' <p> <b> No. 609 </b> ', (int) 2 => ' <p> <b> Argued January 12, 1921 </b> ', (int) 3 => ' <p> <b> Decided March 28, 1921 </b> ', (int) 4 => ' <p> <b> 255 U.S. 522 </b> ', (int) 5 => ' <p> <b> </b> ', (int) 6 => ' <p> <em> ERROR TO THE DISTRICT COURT OF THE UNITED STATES </em> ', (int) 7 => ' <p> <em> FOR THE NORTHERN DISTRICT OF ILLINOIS </em> ', (int) 8 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 9 => ' <p> A mining corporation, upon a sale of its mine and plant in 1917, realized a profit representing an appreciation in their value since March 1, 1913. <em> Held </em> that the increase was taxable as income. P. <span> <a> 255 U. S. 526 </a> </span> . <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a> 255 U. S. 509 </a> </span> . ', (int) 10 => ' <p> Affirmed. ', (int) 11 => ' <p> The case is stated in the opinion. ', (int) 12 => ' <p> <a> Page 255 U. S. 525 </a> ', (int) 13 => ' <p> ', (int) 14 => ' <p> MR. JUSTICE CLARKE delivered the opinion of the Court. ', (int) 15 => ' <p> This case comes into this Court on a writ of error to review a judgment of the District Court of the United States for the Northern District of Illinois sustaining a demurrer to a declaration in assumpsit to recover an assessment of income and excess profits taxes for the year 1917 under warrant of the Income Tax Act of Congress approved September 8, 1916 (39 Stat. c. 463, p. 756) as amended by the act approved October 3, 1917, c. 63, 40 Stat. 300. Payment was made under protest, and the claim to recover is based upon the same contention dealt with in No. 608, <span> <a> 255 U. S. 509 </a> </span> , that the fund taxed was not "income" within the scope of the Sixteenth Amendment to the Constitution of the United States, and that the effect given by the lower court to the act renders it unconstitutional and void. ', (int) 16 => ' <p> The Eldorado Coal & Mining Company is an Indiana ', (int) 17 => ' <p> <a> Page 255 U. S. 526 </a> ', (int) 18 => ' <p> corporation which operated a bituminous coal mine and mining plant which it sold in May, 1917, for cash. The company retained its accounts receivable and, prior to September 30, 1917, it distributed among its stockholders, proportionately to their ownership of stocks, the cash received from the sale, and the accounts receivable in kind. The corporation, however, was not dissolved, nor its charter surrendered, because there were unsettled liabilities against it for federal income taxes and excess profit taxes. Otherwise, its affairs were wound up. ', (int) 19 => ' <p> It is averred in the declaration that, taking the fair market value as of March 1, 1913, of the capital assets of the company invested and employed in its business, and adding thereto the cost of additions and betterments, and subtracting depreciation and depletion to the date of sale, it appears that there was an appreciation in value of the property after March 1, 1913, of $5,986.02, and it was on this profit realized by the sale that the assessment of $3,073.16 was made which the company paid, and in this suit seeks to recover. ', (int) 20 => ' <p> It is obvious from this statement of the case that it presents in so nearly the same form precisely the same questions as were considered in No. 608, <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a> 255 U. S. 509 </a> </span> , that further discussion of them is unnecessary, and, on the authority of that case, the judgment of the district court is ', (int) 21 => ' <p> <em> Affirmed. </em> ', (int) 22 => ' <p> MR. JUSTICE HOLMES and MR. JUSTICE BRANDEIS, because of prior decisions of the Court, concur only in the judgment. ', (int) 23 => ' <br/> <br/> </div></body></html>' ) $paragraphAfter = (int) 1 $cnt = (int) 24 $i = (int) 1include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
No. 609
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Eldorado Coal and Mining Co Vs Mager - Citation 93488 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '93488', 'acts' => null, 'appealno' => '255 U.S. 522', 'appellant' => 'Eldorado Coal and Mining Co.', 'authreffered' => null, 'casename' => 'Eldorado Coal and Mining Co. Vs. Mager', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1921-03-28', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Eldorado Coal & Mining Co. v. Mager - 255 U.S. 522 (1921) <br/> <span> U.S. Supreme Court Eldorado Coal & Mining Co. v. Mager, 255 U.S. 522 (1921) </span> <p> <b> Eldorado Coal & Mining Co. v. Mager </b> </p> <p> <b> No. 609 </b> </p> <p> <b> Argued January 12, 1921 </b> </p> <p> <b> Decided March 28, 1921 </b> </p> <p> <b> 255 U.S. 522 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE DISTRICT COURT OF THE UNITED STATES </em> </p> <p> <em> FOR THE NORTHERN DISTRICT OF ILLINOIS </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> A mining corporation, upon a sale of its mine and plant in 1917, realized a profit representing an appreciation in their value since March 1, 1913. <em> Held </em> that the increase was taxable as income. P. <span> <a href="/case/93488/eldorado-coal-mining-co-vs-mager#526"> 255 U. S. 526 </a> </span> . <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a href="/case/78875/merchants-loan-trust-co-vs-smietanka"> 255 U. S. 509 </a> </span> . </p> <p> Affirmed. </p> <p> The case is stated in the opinion. </p> <p> <a class="page-number" id="525"> Page 255 U. S. 525 </a> </p> <p> </p> <p> MR. JUSTICE CLARKE delivered the opinion of the Court. </p> <p> This case comes into this Court on a writ of error to review a judgment of the District Court of the United States for the Northern District of Illinois sustaining a demurrer to a declaration in assumpsit to recover an assessment of income and excess profits taxes for the year 1917 under warrant of the Income Tax Act of Congress approved September 8, 1916 (39 Stat. c. 463, p. 756) as amended by the act approved October 3, 1917, c. 63, 40 Stat. 300. Payment was made under protest, and the claim to recover is based upon the same contention dealt with in No. 608, <span> <a href="/case/78875/merchants-loan-trust-co-vs-smietanka"> 255 U. S. 509 </a> </span> , that the fund taxed was not "income" within the scope of the Sixteenth Amendment to the Constitution of the United States, and that the effect given by the lower court to the act renders it unconstitutional and void. </p> <p> The Eldorado Coal & Mining Company is an Indiana </p> <p> <a class="page-number" id="526"> Page 255 U. S. 526 </a> </p> <p> corporation which operated a bituminous coal mine and mining plant which it sold in May, 1917, for cash. The company retained its accounts receivable and, prior to September 30, 1917, it distributed among its stockholders, proportionately to their ownership of stocks, the cash received from the sale, and the accounts receivable in kind. The corporation, however, was not dissolved, nor its charter surrendered, because there were unsettled liabilities against it for federal income taxes and excess profit taxes. Otherwise, its affairs were wound up. </p> <p> It is averred in the declaration that, taking the fair market value as of March 1, 1913, of the capital assets of the company invested and employed in its business, and adding thereto the cost of additions and betterments, and subtracting depreciation and depletion to the date of sale, it appears that there was an appreciation in value of the property after March 1, 1913, of $5,986.02, and it was on this profit realized by the sale that the assessment of $3,073.16 was made which the company paid, and in this suit seeks to recover. </p> <p> It is obvious from this statement of the case that it presents in so nearly the same form precisely the same questions as were considered in No. 608, <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a href="/case/78875/merchants-loan-trust-co-vs-smietanka"> 255 U. S. 509 </a> </span> , that further discussion of them is unnecessary, and, on the authority of that case, the judgment of the district court is </p> <p> <em> Affirmed. </em> </p> <p> MR. JUSTICE HOLMES and MR. JUSTICE BRANDEIS, because of prior decisions of the Court, concur only in the judgment. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Mager', 'sub' => null, 'link' => '/cases/federal/us/255/522/', 'circuit' => null ) ), 'casename_url' => 'eldorado-coal-mining-co-vs-mager', 'args' => array( (int) 0 => '93488', (int) 1 => 'eldorado-coal-mining-co-vs-mager' ) ) $title_for_layout = 'Eldorado Coal and Mining Co Vs Mager - Citation 93488 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '93488', 'acts' => null, 'appealno' => '255 U.S. 522', 'appellant' => 'Eldorado Coal and Mining Co.', 'authreffered' => null, 'casename' => 'Eldorado Coal and Mining Co. Vs. Mager', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1921-03-28', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Eldorado Coal & Mining Co. v. Mager - 255 U.S. 522 (1921) <br/> <span> U.S. Supreme Court Eldorado Coal & Mining Co. v. Mager, 255 U.S. 522 (1921) </span> <p> <b> Eldorado Coal & Mining Co. v. Mager </b> </p> <p> <b> No. 609 </b> </p> <p> <b> Argued January 12, 1921 </b> </p> <p> <b> Decided March 28, 1921 </b> </p> <p> <b> 255 U.S. 522 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE DISTRICT COURT OF THE UNITED STATES </em> </p> <p> <em> FOR THE NORTHERN DISTRICT OF ILLINOIS </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> A mining corporation, upon a sale of its mine and plant in 1917, realized a profit representing an appreciation in their value since March 1, 1913. <em> Held </em> that the increase was taxable as income. P. <span> <a> 255 U. S. 526 </a> </span> . <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a> 255 U. S. 509 </a> </span> . </p> <p> Affirmed. </p> <p> The case is stated in the opinion. </p> <p> <a> Page 255 U. S. 525 </a> </p> <p> </p> <p> MR. JUSTICE CLARKE delivered the opinion of the Court. </p> <p> This case comes into this Court on a writ of error to review a judgment of the District Court of the United States for the Northern District of Illinois sustaining a demurrer to a declaration in assumpsit to recover an assessment of income and excess profits taxes for the year 1917 under warrant of the Income Tax Act of Congress approved September 8, 1916 (39 Stat. c. 463, p. 756) as amended by the act approved October 3, 1917, c. 63, 40 Stat. 300. Payment was made under protest, and the claim to recover is based upon the same contention dealt with in No. 608, <span> <a> 255 U. S. 509 </a> </span> , that the fund taxed was not "income" within the scope of the Sixteenth Amendment to the Constitution of the United States, and that the effect given by the lower court to the act renders it unconstitutional and void. </p> <p> The Eldorado Coal & Mining Company is an Indiana </p> <p> <a> Page 255 U. S. 526 </a> </p> <p> corporation which operated a bituminous coal mine and mining plant which it sold in May, 1917, for cash. The company retained its accounts receivable and, prior to September 30, 1917, it distributed among its stockholders, proportionately to their ownership of stocks, the cash received from the sale, and the accounts receivable in kind. The corporation, however, was not dissolved, nor its charter surrendered, because there were unsettled liabilities against it for federal income taxes and excess profit taxes. Otherwise, its affairs were wound up. </p> <p> It is averred in the declaration that, taking the fair market value as of March 1, 1913, of the capital assets of the company invested and employed in its business, and adding thereto the cost of additions and betterments, and subtracting depreciation and depletion to the date of sale, it appears that there was an appreciation in value of the property after March 1, 1913, of $5,986.02, and it was on this profit realized by the sale that the assessment of $3,073.16 was made which the company paid, and in this suit seeks to recover. </p> <p> It is obvious from this statement of the case that it presents in so nearly the same form precisely the same questions as were considered in No. 608, <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a> 255 U. S. 509 </a> </span> , that further discussion of them is unnecessary, and, on the authority of that case, the judgment of the district court is </p> <p> <em> Affirmed. </em> </p> <p> MR. JUSTICE HOLMES and MR. JUSTICE BRANDEIS, because of prior decisions of the Court, concur only in the judgment. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Mager', 'sub' => null, 'link' => '/cases/federal/us/255/522/', 'circuit' => null ) ) $casename_url = 'eldorado-coal-mining-co-vs-mager' $args = array( (int) 0 => '93488', (int) 1 => 'eldorado-coal-mining-co-vs-mager' ) $url = 'https://sooperkanoon.com/case/amp/93488/eldorado-coal-mining-co-vs-mager' $ctype = '' $date = array( (int) 0 => 'Mar', (int) 1 => '28', (int) 2 => '1921' ) $content = array( (int) 0 => '<html><head></head><body><div> Eldorado Coal & Mining Co. v. Mager - 255 U.S. 522 (1921) <br/> <span> U.S. Supreme Court Eldorado Coal & Mining Co. v. Mager, 255 U.S. 522 (1921) </span> <p> <b> Eldorado Coal & Mining Co. v. Mager </b> ', (int) 1 => ' <p> <b> No. 609 </b> ', (int) 2 => ' <p> <b> Argued January 12, 1921 </b> ', (int) 3 => ' <p> <b> Decided March 28, 1921 </b> ', (int) 4 => ' <p> <b> 255 U.S. 522 </b> ', (int) 5 => ' <p> <b> </b> ', (int) 6 => ' <p> <em> ERROR TO THE DISTRICT COURT OF THE UNITED STATES </em> ', (int) 7 => ' <p> <em> FOR THE NORTHERN DISTRICT OF ILLINOIS </em> ', (int) 8 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 9 => ' <p> A mining corporation, upon a sale of its mine and plant in 1917, realized a profit representing an appreciation in their value since March 1, 1913. <em> Held </em> that the increase was taxable as income. P. <span> <a> 255 U. S. 526 </a> </span> . <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a> 255 U. S. 509 </a> </span> . ', (int) 10 => ' <p> Affirmed. ', (int) 11 => ' <p> The case is stated in the opinion. ', (int) 12 => ' <p> <a> Page 255 U. S. 525 </a> ', (int) 13 => ' <p> ', (int) 14 => ' <p> MR. JUSTICE CLARKE delivered the opinion of the Court. ', (int) 15 => ' <p> This case comes into this Court on a writ of error to review a judgment of the District Court of the United States for the Northern District of Illinois sustaining a demurrer to a declaration in assumpsit to recover an assessment of income and excess profits taxes for the year 1917 under warrant of the Income Tax Act of Congress approved September 8, 1916 (39 Stat. c. 463, p. 756) as amended by the act approved October 3, 1917, c. 63, 40 Stat. 300. Payment was made under protest, and the claim to recover is based upon the same contention dealt with in No. 608, <span> <a> 255 U. S. 509 </a> </span> , that the fund taxed was not "income" within the scope of the Sixteenth Amendment to the Constitution of the United States, and that the effect given by the lower court to the act renders it unconstitutional and void. ', (int) 16 => ' <p> The Eldorado Coal & Mining Company is an Indiana ', (int) 17 => ' <p> <a> Page 255 U. S. 526 </a> ', (int) 18 => ' <p> corporation which operated a bituminous coal mine and mining plant which it sold in May, 1917, for cash. The company retained its accounts receivable and, prior to September 30, 1917, it distributed among its stockholders, proportionately to their ownership of stocks, the cash received from the sale, and the accounts receivable in kind. The corporation, however, was not dissolved, nor its charter surrendered, because there were unsettled liabilities against it for federal income taxes and excess profit taxes. Otherwise, its affairs were wound up. ', (int) 19 => ' <p> It is averred in the declaration that, taking the fair market value as of March 1, 1913, of the capital assets of the company invested and employed in its business, and adding thereto the cost of additions and betterments, and subtracting depreciation and depletion to the date of sale, it appears that there was an appreciation in value of the property after March 1, 1913, of $5,986.02, and it was on this profit realized by the sale that the assessment of $3,073.16 was made which the company paid, and in this suit seeks to recover. ', (int) 20 => ' <p> It is obvious from this statement of the case that it presents in so nearly the same form precisely the same questions as were considered in No. 608, <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a> 255 U. S. 509 </a> </span> , that further discussion of them is unnecessary, and, on the authority of that case, the judgment of the district court is ', (int) 21 => ' <p> <em> Affirmed. </em> ', (int) 22 => ' <p> MR. JUSTICE HOLMES and MR. JUSTICE BRANDEIS, because of prior decisions of the Court, concur only in the judgment. ', (int) 23 => ' <br/> <br/> </div></body></html>' ) $paragraphAfter = (int) 1 $cnt = (int) 24 $i = (int) 2include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
Argued January 12, 1921
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Eldorado Coal and Mining Co Vs Mager - Citation 93488 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '93488', 'acts' => null, 'appealno' => '255 U.S. 522', 'appellant' => 'Eldorado Coal and Mining Co.', 'authreffered' => null, 'casename' => 'Eldorado Coal and Mining Co. Vs. Mager', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1921-03-28', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Eldorado Coal & Mining Co. v. Mager - 255 U.S. 522 (1921) <br/> <span> U.S. Supreme Court Eldorado Coal & Mining Co. v. Mager, 255 U.S. 522 (1921) </span> <p> <b> Eldorado Coal & Mining Co. v. Mager </b> </p> <p> <b> No. 609 </b> </p> <p> <b> Argued January 12, 1921 </b> </p> <p> <b> Decided March 28, 1921 </b> </p> <p> <b> 255 U.S. 522 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE DISTRICT COURT OF THE UNITED STATES </em> </p> <p> <em> FOR THE NORTHERN DISTRICT OF ILLINOIS </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> A mining corporation, upon a sale of its mine and plant in 1917, realized a profit representing an appreciation in their value since March 1, 1913. <em> Held </em> that the increase was taxable as income. P. <span> <a href="/case/93488/eldorado-coal-mining-co-vs-mager#526"> 255 U. S. 526 </a> </span> . <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a href="/case/78875/merchants-loan-trust-co-vs-smietanka"> 255 U. S. 509 </a> </span> . </p> <p> Affirmed. </p> <p> The case is stated in the opinion. </p> <p> <a class="page-number" id="525"> Page 255 U. S. 525 </a> </p> <p> </p> <p> MR. JUSTICE CLARKE delivered the opinion of the Court. </p> <p> This case comes into this Court on a writ of error to review a judgment of the District Court of the United States for the Northern District of Illinois sustaining a demurrer to a declaration in assumpsit to recover an assessment of income and excess profits taxes for the year 1917 under warrant of the Income Tax Act of Congress approved September 8, 1916 (39 Stat. c. 463, p. 756) as amended by the act approved October 3, 1917, c. 63, 40 Stat. 300. Payment was made under protest, and the claim to recover is based upon the same contention dealt with in No. 608, <span> <a href="/case/78875/merchants-loan-trust-co-vs-smietanka"> 255 U. S. 509 </a> </span> , that the fund taxed was not "income" within the scope of the Sixteenth Amendment to the Constitution of the United States, and that the effect given by the lower court to the act renders it unconstitutional and void. </p> <p> The Eldorado Coal & Mining Company is an Indiana </p> <p> <a class="page-number" id="526"> Page 255 U. S. 526 </a> </p> <p> corporation which operated a bituminous coal mine and mining plant which it sold in May, 1917, for cash. The company retained its accounts receivable and, prior to September 30, 1917, it distributed among its stockholders, proportionately to their ownership of stocks, the cash received from the sale, and the accounts receivable in kind. The corporation, however, was not dissolved, nor its charter surrendered, because there were unsettled liabilities against it for federal income taxes and excess profit taxes. Otherwise, its affairs were wound up. </p> <p> It is averred in the declaration that, taking the fair market value as of March 1, 1913, of the capital assets of the company invested and employed in its business, and adding thereto the cost of additions and betterments, and subtracting depreciation and depletion to the date of sale, it appears that there was an appreciation in value of the property after March 1, 1913, of $5,986.02, and it was on this profit realized by the sale that the assessment of $3,073.16 was made which the company paid, and in this suit seeks to recover. </p> <p> It is obvious from this statement of the case that it presents in so nearly the same form precisely the same questions as were considered in No. 608, <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a href="/case/78875/merchants-loan-trust-co-vs-smietanka"> 255 U. S. 509 </a> </span> , that further discussion of them is unnecessary, and, on the authority of that case, the judgment of the district court is </p> <p> <em> Affirmed. </em> </p> <p> MR. JUSTICE HOLMES and MR. JUSTICE BRANDEIS, because of prior decisions of the Court, concur only in the judgment. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Mager', 'sub' => null, 'link' => '/cases/federal/us/255/522/', 'circuit' => null ) ), 'casename_url' => 'eldorado-coal-mining-co-vs-mager', 'args' => array( (int) 0 => '93488', (int) 1 => 'eldorado-coal-mining-co-vs-mager' ) ) $title_for_layout = 'Eldorado Coal and Mining Co Vs Mager - Citation 93488 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '93488', 'acts' => null, 'appealno' => '255 U.S. 522', 'appellant' => 'Eldorado Coal and Mining Co.', 'authreffered' => null, 'casename' => 'Eldorado Coal and Mining Co. Vs. Mager', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1921-03-28', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Eldorado Coal & Mining Co. v. Mager - 255 U.S. 522 (1921) <br/> <span> U.S. Supreme Court Eldorado Coal & Mining Co. v. Mager, 255 U.S. 522 (1921) </span> <p> <b> Eldorado Coal & Mining Co. v. Mager </b> </p> <p> <b> No. 609 </b> </p> <p> <b> Argued January 12, 1921 </b> </p> <p> <b> Decided March 28, 1921 </b> </p> <p> <b> 255 U.S. 522 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE DISTRICT COURT OF THE UNITED STATES </em> </p> <p> <em> FOR THE NORTHERN DISTRICT OF ILLINOIS </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> A mining corporation, upon a sale of its mine and plant in 1917, realized a profit representing an appreciation in their value since March 1, 1913. <em> Held </em> that the increase was taxable as income. P. <span> <a> 255 U. S. 526 </a> </span> . <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a> 255 U. S. 509 </a> </span> . </p> <p> Affirmed. </p> <p> The case is stated in the opinion. </p> <p> <a> Page 255 U. S. 525 </a> </p> <p> </p> <p> MR. JUSTICE CLARKE delivered the opinion of the Court. </p> <p> This case comes into this Court on a writ of error to review a judgment of the District Court of the United States for the Northern District of Illinois sustaining a demurrer to a declaration in assumpsit to recover an assessment of income and excess profits taxes for the year 1917 under warrant of the Income Tax Act of Congress approved September 8, 1916 (39 Stat. c. 463, p. 756) as amended by the act approved October 3, 1917, c. 63, 40 Stat. 300. Payment was made under protest, and the claim to recover is based upon the same contention dealt with in No. 608, <span> <a> 255 U. S. 509 </a> </span> , that the fund taxed was not "income" within the scope of the Sixteenth Amendment to the Constitution of the United States, and that the effect given by the lower court to the act renders it unconstitutional and void. </p> <p> The Eldorado Coal & Mining Company is an Indiana </p> <p> <a> Page 255 U. S. 526 </a> </p> <p> corporation which operated a bituminous coal mine and mining plant which it sold in May, 1917, for cash. The company retained its accounts receivable and, prior to September 30, 1917, it distributed among its stockholders, proportionately to their ownership of stocks, the cash received from the sale, and the accounts receivable in kind. The corporation, however, was not dissolved, nor its charter surrendered, because there were unsettled liabilities against it for federal income taxes and excess profit taxes. Otherwise, its affairs were wound up. </p> <p> It is averred in the declaration that, taking the fair market value as of March 1, 1913, of the capital assets of the company invested and employed in its business, and adding thereto the cost of additions and betterments, and subtracting depreciation and depletion to the date of sale, it appears that there was an appreciation in value of the property after March 1, 1913, of $5,986.02, and it was on this profit realized by the sale that the assessment of $3,073.16 was made which the company paid, and in this suit seeks to recover. </p> <p> It is obvious from this statement of the case that it presents in so nearly the same form precisely the same questions as were considered in No. 608, <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a> 255 U. S. 509 </a> </span> , that further discussion of them is unnecessary, and, on the authority of that case, the judgment of the district court is </p> <p> <em> Affirmed. </em> </p> <p> MR. JUSTICE HOLMES and MR. JUSTICE BRANDEIS, because of prior decisions of the Court, concur only in the judgment. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Mager', 'sub' => null, 'link' => '/cases/federal/us/255/522/', 'circuit' => null ) ) $casename_url = 'eldorado-coal-mining-co-vs-mager' $args = array( (int) 0 => '93488', (int) 1 => 'eldorado-coal-mining-co-vs-mager' ) $url = 'https://sooperkanoon.com/case/amp/93488/eldorado-coal-mining-co-vs-mager' $ctype = '' $date = array( (int) 0 => 'Mar', (int) 1 => '28', (int) 2 => '1921' ) $content = array( (int) 0 => '<html><head></head><body><div> Eldorado Coal & Mining Co. v. Mager - 255 U.S. 522 (1921) <br/> <span> U.S. Supreme Court Eldorado Coal & Mining Co. v. Mager, 255 U.S. 522 (1921) </span> <p> <b> Eldorado Coal & Mining Co. v. Mager </b> ', (int) 1 => ' <p> <b> No. 609 </b> ', (int) 2 => ' <p> <b> Argued January 12, 1921 </b> ', (int) 3 => ' <p> <b> Decided March 28, 1921 </b> ', (int) 4 => ' <p> <b> 255 U.S. 522 </b> ', (int) 5 => ' <p> <b> </b> ', (int) 6 => ' <p> <em> ERROR TO THE DISTRICT COURT OF THE UNITED STATES </em> ', (int) 7 => ' <p> <em> FOR THE NORTHERN DISTRICT OF ILLINOIS </em> ', (int) 8 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 9 => ' <p> A mining corporation, upon a sale of its mine and plant in 1917, realized a profit representing an appreciation in their value since March 1, 1913. <em> Held </em> that the increase was taxable as income. P. <span> <a> 255 U. S. 526 </a> </span> . <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a> 255 U. S. 509 </a> </span> . ', (int) 10 => ' <p> Affirmed. ', (int) 11 => ' <p> The case is stated in the opinion. ', (int) 12 => ' <p> <a> Page 255 U. S. 525 </a> ', (int) 13 => ' <p> ', (int) 14 => ' <p> MR. JUSTICE CLARKE delivered the opinion of the Court. ', (int) 15 => ' <p> This case comes into this Court on a writ of error to review a judgment of the District Court of the United States for the Northern District of Illinois sustaining a demurrer to a declaration in assumpsit to recover an assessment of income and excess profits taxes for the year 1917 under warrant of the Income Tax Act of Congress approved September 8, 1916 (39 Stat. c. 463, p. 756) as amended by the act approved October 3, 1917, c. 63, 40 Stat. 300. Payment was made under protest, and the claim to recover is based upon the same contention dealt with in No. 608, <span> <a> 255 U. S. 509 </a> </span> , that the fund taxed was not "income" within the scope of the Sixteenth Amendment to the Constitution of the United States, and that the effect given by the lower court to the act renders it unconstitutional and void. ', (int) 16 => ' <p> The Eldorado Coal & Mining Company is an Indiana ', (int) 17 => ' <p> <a> Page 255 U. S. 526 </a> ', (int) 18 => ' <p> corporation which operated a bituminous coal mine and mining plant which it sold in May, 1917, for cash. The company retained its accounts receivable and, prior to September 30, 1917, it distributed among its stockholders, proportionately to their ownership of stocks, the cash received from the sale, and the accounts receivable in kind. The corporation, however, was not dissolved, nor its charter surrendered, because there were unsettled liabilities against it for federal income taxes and excess profit taxes. Otherwise, its affairs were wound up. ', (int) 19 => ' <p> It is averred in the declaration that, taking the fair market value as of March 1, 1913, of the capital assets of the company invested and employed in its business, and adding thereto the cost of additions and betterments, and subtracting depreciation and depletion to the date of sale, it appears that there was an appreciation in value of the property after March 1, 1913, of $5,986.02, and it was on this profit realized by the sale that the assessment of $3,073.16 was made which the company paid, and in this suit seeks to recover. ', (int) 20 => ' <p> It is obvious from this statement of the case that it presents in so nearly the same form precisely the same questions as were considered in No. 608, <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a> 255 U. S. 509 </a> </span> , that further discussion of them is unnecessary, and, on the authority of that case, the judgment of the district court is ', (int) 21 => ' <p> <em> Affirmed. </em> ', (int) 22 => ' <p> MR. JUSTICE HOLMES and MR. JUSTICE BRANDEIS, because of prior decisions of the Court, concur only in the judgment. ', (int) 23 => ' <br/> <br/> </div></body></html>' ) $paragraphAfter = (int) 1 $cnt = (int) 24 $i = (int) 3include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
Decided March 28, 1921
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Eldorado Coal and Mining Co Vs Mager - Citation 93488 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '93488', 'acts' => null, 'appealno' => '255 U.S. 522', 'appellant' => 'Eldorado Coal and Mining Co.', 'authreffered' => null, 'casename' => 'Eldorado Coal and Mining Co. Vs. Mager', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1921-03-28', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Eldorado Coal & Mining Co. v. Mager - 255 U.S. 522 (1921) <br/> <span> U.S. Supreme Court Eldorado Coal & Mining Co. v. Mager, 255 U.S. 522 (1921) </span> <p> <b> Eldorado Coal & Mining Co. v. Mager </b> </p> <p> <b> No. 609 </b> </p> <p> <b> Argued January 12, 1921 </b> </p> <p> <b> Decided March 28, 1921 </b> </p> <p> <b> 255 U.S. 522 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE DISTRICT COURT OF THE UNITED STATES </em> </p> <p> <em> FOR THE NORTHERN DISTRICT OF ILLINOIS </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> A mining corporation, upon a sale of its mine and plant in 1917, realized a profit representing an appreciation in their value since March 1, 1913. <em> Held </em> that the increase was taxable as income. P. <span> <a href="/case/93488/eldorado-coal-mining-co-vs-mager#526"> 255 U. S. 526 </a> </span> . <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a href="/case/78875/merchants-loan-trust-co-vs-smietanka"> 255 U. S. 509 </a> </span> . </p> <p> Affirmed. </p> <p> The case is stated in the opinion. </p> <p> <a class="page-number" id="525"> Page 255 U. S. 525 </a> </p> <p> </p> <p> MR. JUSTICE CLARKE delivered the opinion of the Court. </p> <p> This case comes into this Court on a writ of error to review a judgment of the District Court of the United States for the Northern District of Illinois sustaining a demurrer to a declaration in assumpsit to recover an assessment of income and excess profits taxes for the year 1917 under warrant of the Income Tax Act of Congress approved September 8, 1916 (39 Stat. c. 463, p. 756) as amended by the act approved October 3, 1917, c. 63, 40 Stat. 300. Payment was made under protest, and the claim to recover is based upon the same contention dealt with in No. 608, <span> <a href="/case/78875/merchants-loan-trust-co-vs-smietanka"> 255 U. S. 509 </a> </span> , that the fund taxed was not "income" within the scope of the Sixteenth Amendment to the Constitution of the United States, and that the effect given by the lower court to the act renders it unconstitutional and void. </p> <p> The Eldorado Coal & Mining Company is an Indiana </p> <p> <a class="page-number" id="526"> Page 255 U. S. 526 </a> </p> <p> corporation which operated a bituminous coal mine and mining plant which it sold in May, 1917, for cash. The company retained its accounts receivable and, prior to September 30, 1917, it distributed among its stockholders, proportionately to their ownership of stocks, the cash received from the sale, and the accounts receivable in kind. The corporation, however, was not dissolved, nor its charter surrendered, because there were unsettled liabilities against it for federal income taxes and excess profit taxes. Otherwise, its affairs were wound up. </p> <p> It is averred in the declaration that, taking the fair market value as of March 1, 1913, of the capital assets of the company invested and employed in its business, and adding thereto the cost of additions and betterments, and subtracting depreciation and depletion to the date of sale, it appears that there was an appreciation in value of the property after March 1, 1913, of $5,986.02, and it was on this profit realized by the sale that the assessment of $3,073.16 was made which the company paid, and in this suit seeks to recover. </p> <p> It is obvious from this statement of the case that it presents in so nearly the same form precisely the same questions as were considered in No. 608, <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a href="/case/78875/merchants-loan-trust-co-vs-smietanka"> 255 U. S. 509 </a> </span> , that further discussion of them is unnecessary, and, on the authority of that case, the judgment of the district court is </p> <p> <em> Affirmed. </em> </p> <p> MR. JUSTICE HOLMES and MR. JUSTICE BRANDEIS, because of prior decisions of the Court, concur only in the judgment. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Mager', 'sub' => null, 'link' => '/cases/federal/us/255/522/', 'circuit' => null ) ), 'casename_url' => 'eldorado-coal-mining-co-vs-mager', 'args' => array( (int) 0 => '93488', (int) 1 => 'eldorado-coal-mining-co-vs-mager' ) ) $title_for_layout = 'Eldorado Coal and Mining Co Vs Mager - Citation 93488 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '93488', 'acts' => null, 'appealno' => '255 U.S. 522', 'appellant' => 'Eldorado Coal and Mining Co.', 'authreffered' => null, 'casename' => 'Eldorado Coal and Mining Co. Vs. Mager', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1921-03-28', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Eldorado Coal & Mining Co. v. Mager - 255 U.S. 522 (1921) <br/> <span> U.S. Supreme Court Eldorado Coal & Mining Co. v. Mager, 255 U.S. 522 (1921) </span> <p> <b> Eldorado Coal & Mining Co. v. Mager </b> </p> <p> <b> No. 609 </b> </p> <p> <b> Argued January 12, 1921 </b> </p> <p> <b> Decided March 28, 1921 </b> </p> <p> <b> 255 U.S. 522 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE DISTRICT COURT OF THE UNITED STATES </em> </p> <p> <em> FOR THE NORTHERN DISTRICT OF ILLINOIS </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> A mining corporation, upon a sale of its mine and plant in 1917, realized a profit representing an appreciation in their value since March 1, 1913. <em> Held </em> that the increase was taxable as income. P. <span> <a> 255 U. S. 526 </a> </span> . <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a> 255 U. S. 509 </a> </span> . </p> <p> Affirmed. </p> <p> The case is stated in the opinion. </p> <p> <a> Page 255 U. S. 525 </a> </p> <p> </p> <p> MR. JUSTICE CLARKE delivered the opinion of the Court. </p> <p> This case comes into this Court on a writ of error to review a judgment of the District Court of the United States for the Northern District of Illinois sustaining a demurrer to a declaration in assumpsit to recover an assessment of income and excess profits taxes for the year 1917 under warrant of the Income Tax Act of Congress approved September 8, 1916 (39 Stat. c. 463, p. 756) as amended by the act approved October 3, 1917, c. 63, 40 Stat. 300. Payment was made under protest, and the claim to recover is based upon the same contention dealt with in No. 608, <span> <a> 255 U. S. 509 </a> </span> , that the fund taxed was not "income" within the scope of the Sixteenth Amendment to the Constitution of the United States, and that the effect given by the lower court to the act renders it unconstitutional and void. </p> <p> The Eldorado Coal & Mining Company is an Indiana </p> <p> <a> Page 255 U. S. 526 </a> </p> <p> corporation which operated a bituminous coal mine and mining plant which it sold in May, 1917, for cash. The company retained its accounts receivable and, prior to September 30, 1917, it distributed among its stockholders, proportionately to their ownership of stocks, the cash received from the sale, and the accounts receivable in kind. The corporation, however, was not dissolved, nor its charter surrendered, because there were unsettled liabilities against it for federal income taxes and excess profit taxes. Otherwise, its affairs were wound up. </p> <p> It is averred in the declaration that, taking the fair market value as of March 1, 1913, of the capital assets of the company invested and employed in its business, and adding thereto the cost of additions and betterments, and subtracting depreciation and depletion to the date of sale, it appears that there was an appreciation in value of the property after March 1, 1913, of $5,986.02, and it was on this profit realized by the sale that the assessment of $3,073.16 was made which the company paid, and in this suit seeks to recover. </p> <p> It is obvious from this statement of the case that it presents in so nearly the same form precisely the same questions as were considered in No. 608, <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a> 255 U. S. 509 </a> </span> , that further discussion of them is unnecessary, and, on the authority of that case, the judgment of the district court is </p> <p> <em> Affirmed. </em> </p> <p> MR. JUSTICE HOLMES and MR. JUSTICE BRANDEIS, because of prior decisions of the Court, concur only in the judgment. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Mager', 'sub' => null, 'link' => '/cases/federal/us/255/522/', 'circuit' => null ) ) $casename_url = 'eldorado-coal-mining-co-vs-mager' $args = array( (int) 0 => '93488', (int) 1 => 'eldorado-coal-mining-co-vs-mager' ) $url = 'https://sooperkanoon.com/case/amp/93488/eldorado-coal-mining-co-vs-mager' $ctype = '' $date = array( (int) 0 => 'Mar', (int) 1 => '28', (int) 2 => '1921' ) $content = array( (int) 0 => '<html><head></head><body><div> Eldorado Coal & Mining Co. v. Mager - 255 U.S. 522 (1921) <br/> <span> U.S. Supreme Court Eldorado Coal & Mining Co. v. Mager, 255 U.S. 522 (1921) </span> <p> <b> Eldorado Coal & Mining Co. v. Mager </b> ', (int) 1 => ' <p> <b> No. 609 </b> ', (int) 2 => ' <p> <b> Argued January 12, 1921 </b> ', (int) 3 => ' <p> <b> Decided March 28, 1921 </b> ', (int) 4 => ' <p> <b> 255 U.S. 522 </b> ', (int) 5 => ' <p> <b> </b> ', (int) 6 => ' <p> <em> ERROR TO THE DISTRICT COURT OF THE UNITED STATES </em> ', (int) 7 => ' <p> <em> FOR THE NORTHERN DISTRICT OF ILLINOIS </em> ', (int) 8 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 9 => ' <p> A mining corporation, upon a sale of its mine and plant in 1917, realized a profit representing an appreciation in their value since March 1, 1913. <em> Held </em> that the increase was taxable as income. P. <span> <a> 255 U. S. 526 </a> </span> . <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a> 255 U. S. 509 </a> </span> . ', (int) 10 => ' <p> Affirmed. ', (int) 11 => ' <p> The case is stated in the opinion. ', (int) 12 => ' <p> <a> Page 255 U. S. 525 </a> ', (int) 13 => ' <p> ', (int) 14 => ' <p> MR. JUSTICE CLARKE delivered the opinion of the Court. ', (int) 15 => ' <p> This case comes into this Court on a writ of error to review a judgment of the District Court of the United States for the Northern District of Illinois sustaining a demurrer to a declaration in assumpsit to recover an assessment of income and excess profits taxes for the year 1917 under warrant of the Income Tax Act of Congress approved September 8, 1916 (39 Stat. c. 463, p. 756) as amended by the act approved October 3, 1917, c. 63, 40 Stat. 300. Payment was made under protest, and the claim to recover is based upon the same contention dealt with in No. 608, <span> <a> 255 U. S. 509 </a> </span> , that the fund taxed was not "income" within the scope of the Sixteenth Amendment to the Constitution of the United States, and that the effect given by the lower court to the act renders it unconstitutional and void. ', (int) 16 => ' <p> The Eldorado Coal & Mining Company is an Indiana ', (int) 17 => ' <p> <a> Page 255 U. S. 526 </a> ', (int) 18 => ' <p> corporation which operated a bituminous coal mine and mining plant which it sold in May, 1917, for cash. The company retained its accounts receivable and, prior to September 30, 1917, it distributed among its stockholders, proportionately to their ownership of stocks, the cash received from the sale, and the accounts receivable in kind. The corporation, however, was not dissolved, nor its charter surrendered, because there were unsettled liabilities against it for federal income taxes and excess profit taxes. Otherwise, its affairs were wound up. ', (int) 19 => ' <p> It is averred in the declaration that, taking the fair market value as of March 1, 1913, of the capital assets of the company invested and employed in its business, and adding thereto the cost of additions and betterments, and subtracting depreciation and depletion to the date of sale, it appears that there was an appreciation in value of the property after March 1, 1913, of $5,986.02, and it was on this profit realized by the sale that the assessment of $3,073.16 was made which the company paid, and in this suit seeks to recover. ', (int) 20 => ' <p> It is obvious from this statement of the case that it presents in so nearly the same form precisely the same questions as were considered in No. 608, <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a> 255 U. S. 509 </a> </span> , that further discussion of them is unnecessary, and, on the authority of that case, the judgment of the district court is ', (int) 21 => ' <p> <em> Affirmed. </em> ', (int) 22 => ' <p> MR. JUSTICE HOLMES and MR. JUSTICE BRANDEIS, because of prior decisions of the Court, concur only in the judgment. ', (int) 23 => ' <br/> <br/> </div></body></html>' ) $paragraphAfter = (int) 1 $cnt = (int) 24 $i = (int) 4include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
255 U.S. 522
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Eldorado Coal and Mining Co Vs Mager - Citation 93488 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '93488', 'acts' => null, 'appealno' => '255 U.S. 522', 'appellant' => 'Eldorado Coal and Mining Co.', 'authreffered' => null, 'casename' => 'Eldorado Coal and Mining Co. Vs. Mager', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1921-03-28', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Eldorado Coal & Mining Co. v. Mager - 255 U.S. 522 (1921) <br/> <span> U.S. Supreme Court Eldorado Coal & Mining Co. v. Mager, 255 U.S. 522 (1921) </span> <p> <b> Eldorado Coal & Mining Co. v. Mager </b> </p> <p> <b> No. 609 </b> </p> <p> <b> Argued January 12, 1921 </b> </p> <p> <b> Decided March 28, 1921 </b> </p> <p> <b> 255 U.S. 522 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE DISTRICT COURT OF THE UNITED STATES </em> </p> <p> <em> FOR THE NORTHERN DISTRICT OF ILLINOIS </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> A mining corporation, upon a sale of its mine and plant in 1917, realized a profit representing an appreciation in their value since March 1, 1913. <em> Held </em> that the increase was taxable as income. P. <span> <a href="/case/93488/eldorado-coal-mining-co-vs-mager#526"> 255 U. S. 526 </a> </span> . <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a href="/case/78875/merchants-loan-trust-co-vs-smietanka"> 255 U. S. 509 </a> </span> . </p> <p> Affirmed. </p> <p> The case is stated in the opinion. </p> <p> <a class="page-number" id="525"> Page 255 U. S. 525 </a> </p> <p> </p> <p> MR. JUSTICE CLARKE delivered the opinion of the Court. </p> <p> This case comes into this Court on a writ of error to review a judgment of the District Court of the United States for the Northern District of Illinois sustaining a demurrer to a declaration in assumpsit to recover an assessment of income and excess profits taxes for the year 1917 under warrant of the Income Tax Act of Congress approved September 8, 1916 (39 Stat. c. 463, p. 756) as amended by the act approved October 3, 1917, c. 63, 40 Stat. 300. Payment was made under protest, and the claim to recover is based upon the same contention dealt with in No. 608, <span> <a href="/case/78875/merchants-loan-trust-co-vs-smietanka"> 255 U. S. 509 </a> </span> , that the fund taxed was not "income" within the scope of the Sixteenth Amendment to the Constitution of the United States, and that the effect given by the lower court to the act renders it unconstitutional and void. </p> <p> The Eldorado Coal & Mining Company is an Indiana </p> <p> <a class="page-number" id="526"> Page 255 U. S. 526 </a> </p> <p> corporation which operated a bituminous coal mine and mining plant which it sold in May, 1917, for cash. The company retained its accounts receivable and, prior to September 30, 1917, it distributed among its stockholders, proportionately to their ownership of stocks, the cash received from the sale, and the accounts receivable in kind. The corporation, however, was not dissolved, nor its charter surrendered, because there were unsettled liabilities against it for federal income taxes and excess profit taxes. Otherwise, its affairs were wound up. </p> <p> It is averred in the declaration that, taking the fair market value as of March 1, 1913, of the capital assets of the company invested and employed in its business, and adding thereto the cost of additions and betterments, and subtracting depreciation and depletion to the date of sale, it appears that there was an appreciation in value of the property after March 1, 1913, of $5,986.02, and it was on this profit realized by the sale that the assessment of $3,073.16 was made which the company paid, and in this suit seeks to recover. </p> <p> It is obvious from this statement of the case that it presents in so nearly the same form precisely the same questions as were considered in No. 608, <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a href="/case/78875/merchants-loan-trust-co-vs-smietanka"> 255 U. S. 509 </a> </span> , that further discussion of them is unnecessary, and, on the authority of that case, the judgment of the district court is </p> <p> <em> Affirmed. </em> </p> <p> MR. JUSTICE HOLMES and MR. JUSTICE BRANDEIS, because of prior decisions of the Court, concur only in the judgment. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Mager', 'sub' => null, 'link' => '/cases/federal/us/255/522/', 'circuit' => null ) ), 'casename_url' => 'eldorado-coal-mining-co-vs-mager', 'args' => array( (int) 0 => '93488', (int) 1 => 'eldorado-coal-mining-co-vs-mager' ) ) $title_for_layout = 'Eldorado Coal and Mining Co Vs Mager - Citation 93488 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '93488', 'acts' => null, 'appealno' => '255 U.S. 522', 'appellant' => 'Eldorado Coal and Mining Co.', 'authreffered' => null, 'casename' => 'Eldorado Coal and Mining Co. Vs. Mager', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1921-03-28', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Eldorado Coal & Mining Co. v. Mager - 255 U.S. 522 (1921) <br/> <span> U.S. Supreme Court Eldorado Coal & Mining Co. v. Mager, 255 U.S. 522 (1921) </span> <p> <b> Eldorado Coal & Mining Co. v. Mager </b> </p> <p> <b> No. 609 </b> </p> <p> <b> Argued January 12, 1921 </b> </p> <p> <b> Decided March 28, 1921 </b> </p> <p> <b> 255 U.S. 522 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE DISTRICT COURT OF THE UNITED STATES </em> </p> <p> <em> FOR THE NORTHERN DISTRICT OF ILLINOIS </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> A mining corporation, upon a sale of its mine and plant in 1917, realized a profit representing an appreciation in their value since March 1, 1913. <em> Held </em> that the increase was taxable as income. P. <span> <a> 255 U. S. 526 </a> </span> . <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a> 255 U. S. 509 </a> </span> . </p> <p> Affirmed. </p> <p> The case is stated in the opinion. </p> <p> <a> Page 255 U. S. 525 </a> </p> <p> </p> <p> MR. JUSTICE CLARKE delivered the opinion of the Court. </p> <p> This case comes into this Court on a writ of error to review a judgment of the District Court of the United States for the Northern District of Illinois sustaining a demurrer to a declaration in assumpsit to recover an assessment of income and excess profits taxes for the year 1917 under warrant of the Income Tax Act of Congress approved September 8, 1916 (39 Stat. c. 463, p. 756) as amended by the act approved October 3, 1917, c. 63, 40 Stat. 300. Payment was made under protest, and the claim to recover is based upon the same contention dealt with in No. 608, <span> <a> 255 U. S. 509 </a> </span> , that the fund taxed was not "income" within the scope of the Sixteenth Amendment to the Constitution of the United States, and that the effect given by the lower court to the act renders it unconstitutional and void. </p> <p> The Eldorado Coal & Mining Company is an Indiana </p> <p> <a> Page 255 U. S. 526 </a> </p> <p> corporation which operated a bituminous coal mine and mining plant which it sold in May, 1917, for cash. The company retained its accounts receivable and, prior to September 30, 1917, it distributed among its stockholders, proportionately to their ownership of stocks, the cash received from the sale, and the accounts receivable in kind. The corporation, however, was not dissolved, nor its charter surrendered, because there were unsettled liabilities against it for federal income taxes and excess profit taxes. Otherwise, its affairs were wound up. </p> <p> It is averred in the declaration that, taking the fair market value as of March 1, 1913, of the capital assets of the company invested and employed in its business, and adding thereto the cost of additions and betterments, and subtracting depreciation and depletion to the date of sale, it appears that there was an appreciation in value of the property after March 1, 1913, of $5,986.02, and it was on this profit realized by the sale that the assessment of $3,073.16 was made which the company paid, and in this suit seeks to recover. </p> <p> It is obvious from this statement of the case that it presents in so nearly the same form precisely the same questions as were considered in No. 608, <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a> 255 U. S. 509 </a> </span> , that further discussion of them is unnecessary, and, on the authority of that case, the judgment of the district court is </p> <p> <em> Affirmed. </em> </p> <p> MR. JUSTICE HOLMES and MR. JUSTICE BRANDEIS, because of prior decisions of the Court, concur only in the judgment. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Mager', 'sub' => null, 'link' => '/cases/federal/us/255/522/', 'circuit' => null ) ) $casename_url = 'eldorado-coal-mining-co-vs-mager' $args = array( (int) 0 => '93488', (int) 1 => 'eldorado-coal-mining-co-vs-mager' ) $url = 'https://sooperkanoon.com/case/amp/93488/eldorado-coal-mining-co-vs-mager' $ctype = '' $date = array( (int) 0 => 'Mar', (int) 1 => '28', (int) 2 => '1921' ) $content = array( (int) 0 => '<html><head></head><body><div> Eldorado Coal & Mining Co. v. Mager - 255 U.S. 522 (1921) <br/> <span> U.S. Supreme Court Eldorado Coal & Mining Co. v. Mager, 255 U.S. 522 (1921) </span> <p> <b> Eldorado Coal & Mining Co. v. Mager </b> ', (int) 1 => ' <p> <b> No. 609 </b> ', (int) 2 => ' <p> <b> Argued January 12, 1921 </b> ', (int) 3 => ' <p> <b> Decided March 28, 1921 </b> ', (int) 4 => ' <p> <b> 255 U.S. 522 </b> ', (int) 5 => ' <p> <b> </b> ', (int) 6 => ' <p> <em> ERROR TO THE DISTRICT COURT OF THE UNITED STATES </em> ', (int) 7 => ' <p> <em> FOR THE NORTHERN DISTRICT OF ILLINOIS </em> ', (int) 8 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 9 => ' <p> A mining corporation, upon a sale of its mine and plant in 1917, realized a profit representing an appreciation in their value since March 1, 1913. <em> Held </em> that the increase was taxable as income. P. <span> <a> 255 U. S. 526 </a> </span> . <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a> 255 U. S. 509 </a> </span> . ', (int) 10 => ' <p> Affirmed. ', (int) 11 => ' <p> The case is stated in the opinion. ', (int) 12 => ' <p> <a> Page 255 U. S. 525 </a> ', (int) 13 => ' <p> ', (int) 14 => ' <p> MR. JUSTICE CLARKE delivered the opinion of the Court. ', (int) 15 => ' <p> This case comes into this Court on a writ of error to review a judgment of the District Court of the United States for the Northern District of Illinois sustaining a demurrer to a declaration in assumpsit to recover an assessment of income and excess profits taxes for the year 1917 under warrant of the Income Tax Act of Congress approved September 8, 1916 (39 Stat. c. 463, p. 756) as amended by the act approved October 3, 1917, c. 63, 40 Stat. 300. Payment was made under protest, and the claim to recover is based upon the same contention dealt with in No. 608, <span> <a> 255 U. S. 509 </a> </span> , that the fund taxed was not "income" within the scope of the Sixteenth Amendment to the Constitution of the United States, and that the effect given by the lower court to the act renders it unconstitutional and void. ', (int) 16 => ' <p> The Eldorado Coal & Mining Company is an Indiana ', (int) 17 => ' <p> <a> Page 255 U. S. 526 </a> ', (int) 18 => ' <p> corporation which operated a bituminous coal mine and mining plant which it sold in May, 1917, for cash. The company retained its accounts receivable and, prior to September 30, 1917, it distributed among its stockholders, proportionately to their ownership of stocks, the cash received from the sale, and the accounts receivable in kind. The corporation, however, was not dissolved, nor its charter surrendered, because there were unsettled liabilities against it for federal income taxes and excess profit taxes. Otherwise, its affairs were wound up. ', (int) 19 => ' <p> It is averred in the declaration that, taking the fair market value as of March 1, 1913, of the capital assets of the company invested and employed in its business, and adding thereto the cost of additions and betterments, and subtracting depreciation and depletion to the date of sale, it appears that there was an appreciation in value of the property after March 1, 1913, of $5,986.02, and it was on this profit realized by the sale that the assessment of $3,073.16 was made which the company paid, and in this suit seeks to recover. ', (int) 20 => ' <p> It is obvious from this statement of the case that it presents in so nearly the same form precisely the same questions as were considered in No. 608, <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a> 255 U. S. 509 </a> </span> , that further discussion of them is unnecessary, and, on the authority of that case, the judgment of the district court is ', (int) 21 => ' <p> <em> Affirmed. </em> ', (int) 22 => ' <p> MR. JUSTICE HOLMES and MR. JUSTICE BRANDEIS, because of prior decisions of the Court, concur only in the judgment. ', (int) 23 => ' <br/> <br/> </div></body></html>' ) $paragraphAfter = (int) 1 $cnt = (int) 24 $i = (int) 5include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Eldorado Coal and Mining Co Vs Mager - Citation 93488 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '93488', 'acts' => null, 'appealno' => '255 U.S. 522', 'appellant' => 'Eldorado Coal and Mining Co.', 'authreffered' => null, 'casename' => 'Eldorado Coal and Mining Co. Vs. Mager', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1921-03-28', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Eldorado Coal & Mining Co. v. Mager - 255 U.S. 522 (1921) <br/> <span> U.S. Supreme Court Eldorado Coal & Mining Co. v. Mager, 255 U.S. 522 (1921) </span> <p> <b> Eldorado Coal & Mining Co. v. Mager </b> </p> <p> <b> No. 609 </b> </p> <p> <b> Argued January 12, 1921 </b> </p> <p> <b> Decided March 28, 1921 </b> </p> <p> <b> 255 U.S. 522 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE DISTRICT COURT OF THE UNITED STATES </em> </p> <p> <em> FOR THE NORTHERN DISTRICT OF ILLINOIS </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> A mining corporation, upon a sale of its mine and plant in 1917, realized a profit representing an appreciation in their value since March 1, 1913. <em> Held </em> that the increase was taxable as income. P. <span> <a href="/case/93488/eldorado-coal-mining-co-vs-mager#526"> 255 U. S. 526 </a> </span> . <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a href="/case/78875/merchants-loan-trust-co-vs-smietanka"> 255 U. S. 509 </a> </span> . </p> <p> Affirmed. </p> <p> The case is stated in the opinion. </p> <p> <a class="page-number" id="525"> Page 255 U. S. 525 </a> </p> <p> </p> <p> MR. JUSTICE CLARKE delivered the opinion of the Court. </p> <p> This case comes into this Court on a writ of error to review a judgment of the District Court of the United States for the Northern District of Illinois sustaining a demurrer to a declaration in assumpsit to recover an assessment of income and excess profits taxes for the year 1917 under warrant of the Income Tax Act of Congress approved September 8, 1916 (39 Stat. c. 463, p. 756) as amended by the act approved October 3, 1917, c. 63, 40 Stat. 300. Payment was made under protest, and the claim to recover is based upon the same contention dealt with in No. 608, <span> <a href="/case/78875/merchants-loan-trust-co-vs-smietanka"> 255 U. S. 509 </a> </span> , that the fund taxed was not "income" within the scope of the Sixteenth Amendment to the Constitution of the United States, and that the effect given by the lower court to the act renders it unconstitutional and void. </p> <p> The Eldorado Coal & Mining Company is an Indiana </p> <p> <a class="page-number" id="526"> Page 255 U. S. 526 </a> </p> <p> corporation which operated a bituminous coal mine and mining plant which it sold in May, 1917, for cash. The company retained its accounts receivable and, prior to September 30, 1917, it distributed among its stockholders, proportionately to their ownership of stocks, the cash received from the sale, and the accounts receivable in kind. The corporation, however, was not dissolved, nor its charter surrendered, because there were unsettled liabilities against it for federal income taxes and excess profit taxes. Otherwise, its affairs were wound up. </p> <p> It is averred in the declaration that, taking the fair market value as of March 1, 1913, of the capital assets of the company invested and employed in its business, and adding thereto the cost of additions and betterments, and subtracting depreciation and depletion to the date of sale, it appears that there was an appreciation in value of the property after March 1, 1913, of $5,986.02, and it was on this profit realized by the sale that the assessment of $3,073.16 was made which the company paid, and in this suit seeks to recover. </p> <p> It is obvious from this statement of the case that it presents in so nearly the same form precisely the same questions as were considered in No. 608, <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a href="/case/78875/merchants-loan-trust-co-vs-smietanka"> 255 U. S. 509 </a> </span> , that further discussion of them is unnecessary, and, on the authority of that case, the judgment of the district court is </p> <p> <em> Affirmed. </em> </p> <p> MR. JUSTICE HOLMES and MR. JUSTICE BRANDEIS, because of prior decisions of the Court, concur only in the judgment. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Mager', 'sub' => null, 'link' => '/cases/federal/us/255/522/', 'circuit' => null ) ), 'casename_url' => 'eldorado-coal-mining-co-vs-mager', 'args' => array( (int) 0 => '93488', (int) 1 => 'eldorado-coal-mining-co-vs-mager' ) ) $title_for_layout = 'Eldorado Coal and Mining Co Vs Mager - Citation 93488 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '93488', 'acts' => null, 'appealno' => '255 U.S. 522', 'appellant' => 'Eldorado Coal and Mining Co.', 'authreffered' => null, 'casename' => 'Eldorado Coal and Mining Co. Vs. Mager', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1921-03-28', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Eldorado Coal & Mining Co. v. Mager - 255 U.S. 522 (1921) <br/> <span> U.S. Supreme Court Eldorado Coal & Mining Co. v. Mager, 255 U.S. 522 (1921) </span> <p> <b> Eldorado Coal & Mining Co. v. Mager </b> </p> <p> <b> No. 609 </b> </p> <p> <b> Argued January 12, 1921 </b> </p> <p> <b> Decided March 28, 1921 </b> </p> <p> <b> 255 U.S. 522 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE DISTRICT COURT OF THE UNITED STATES </em> </p> <p> <em> FOR THE NORTHERN DISTRICT OF ILLINOIS </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> A mining corporation, upon a sale of its mine and plant in 1917, realized a profit representing an appreciation in their value since March 1, 1913. <em> Held </em> that the increase was taxable as income. P. <span> <a> 255 U. S. 526 </a> </span> . <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a> 255 U. S. 509 </a> </span> . </p> <p> Affirmed. </p> <p> The case is stated in the opinion. </p> <p> <a> Page 255 U. S. 525 </a> </p> <p> </p> <p> MR. JUSTICE CLARKE delivered the opinion of the Court. </p> <p> This case comes into this Court on a writ of error to review a judgment of the District Court of the United States for the Northern District of Illinois sustaining a demurrer to a declaration in assumpsit to recover an assessment of income and excess profits taxes for the year 1917 under warrant of the Income Tax Act of Congress approved September 8, 1916 (39 Stat. c. 463, p. 756) as amended by the act approved October 3, 1917, c. 63, 40 Stat. 300. Payment was made under protest, and the claim to recover is based upon the same contention dealt with in No. 608, <span> <a> 255 U. S. 509 </a> </span> , that the fund taxed was not "income" within the scope of the Sixteenth Amendment to the Constitution of the United States, and that the effect given by the lower court to the act renders it unconstitutional and void. </p> <p> The Eldorado Coal & Mining Company is an Indiana </p> <p> <a> Page 255 U. S. 526 </a> </p> <p> corporation which operated a bituminous coal mine and mining plant which it sold in May, 1917, for cash. The company retained its accounts receivable and, prior to September 30, 1917, it distributed among its stockholders, proportionately to their ownership of stocks, the cash received from the sale, and the accounts receivable in kind. The corporation, however, was not dissolved, nor its charter surrendered, because there were unsettled liabilities against it for federal income taxes and excess profit taxes. Otherwise, its affairs were wound up. </p> <p> It is averred in the declaration that, taking the fair market value as of March 1, 1913, of the capital assets of the company invested and employed in its business, and adding thereto the cost of additions and betterments, and subtracting depreciation and depletion to the date of sale, it appears that there was an appreciation in value of the property after March 1, 1913, of $5,986.02, and it was on this profit realized by the sale that the assessment of $3,073.16 was made which the company paid, and in this suit seeks to recover. </p> <p> It is obvious from this statement of the case that it presents in so nearly the same form precisely the same questions as were considered in No. 608, <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a> 255 U. S. 509 </a> </span> , that further discussion of them is unnecessary, and, on the authority of that case, the judgment of the district court is </p> <p> <em> Affirmed. </em> </p> <p> MR. JUSTICE HOLMES and MR. JUSTICE BRANDEIS, because of prior decisions of the Court, concur only in the judgment. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Mager', 'sub' => null, 'link' => '/cases/federal/us/255/522/', 'circuit' => null ) ) $casename_url = 'eldorado-coal-mining-co-vs-mager' $args = array( (int) 0 => '93488', (int) 1 => 'eldorado-coal-mining-co-vs-mager' ) $url = 'https://sooperkanoon.com/case/amp/93488/eldorado-coal-mining-co-vs-mager' $ctype = '' $date = array( (int) 0 => 'Mar', (int) 1 => '28', (int) 2 => '1921' ) $content = array( (int) 0 => '<html><head></head><body><div> Eldorado Coal & Mining Co. v. Mager - 255 U.S. 522 (1921) <br/> <span> U.S. Supreme Court Eldorado Coal & Mining Co. v. Mager, 255 U.S. 522 (1921) </span> <p> <b> Eldorado Coal & Mining Co. v. Mager </b> ', (int) 1 => ' <p> <b> No. 609 </b> ', (int) 2 => ' <p> <b> Argued January 12, 1921 </b> ', (int) 3 => ' <p> <b> Decided March 28, 1921 </b> ', (int) 4 => ' <p> <b> 255 U.S. 522 </b> ', (int) 5 => ' <p> <b> </b> ', (int) 6 => ' <p> <em> ERROR TO THE DISTRICT COURT OF THE UNITED STATES </em> ', (int) 7 => ' <p> <em> FOR THE NORTHERN DISTRICT OF ILLINOIS </em> ', (int) 8 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 9 => ' <p> A mining corporation, upon a sale of its mine and plant in 1917, realized a profit representing an appreciation in their value since March 1, 1913. <em> Held </em> that the increase was taxable as income. P. <span> <a> 255 U. S. 526 </a> </span> . <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a> 255 U. S. 509 </a> </span> . ', (int) 10 => ' <p> Affirmed. ', (int) 11 => ' <p> The case is stated in the opinion. ', (int) 12 => ' <p> <a> Page 255 U. S. 525 </a> ', (int) 13 => ' <p> ', (int) 14 => ' <p> MR. JUSTICE CLARKE delivered the opinion of the Court. ', (int) 15 => ' <p> This case comes into this Court on a writ of error to review a judgment of the District Court of the United States for the Northern District of Illinois sustaining a demurrer to a declaration in assumpsit to recover an assessment of income and excess profits taxes for the year 1917 under warrant of the Income Tax Act of Congress approved September 8, 1916 (39 Stat. c. 463, p. 756) as amended by the act approved October 3, 1917, c. 63, 40 Stat. 300. Payment was made under protest, and the claim to recover is based upon the same contention dealt with in No. 608, <span> <a> 255 U. S. 509 </a> </span> , that the fund taxed was not "income" within the scope of the Sixteenth Amendment to the Constitution of the United States, and that the effect given by the lower court to the act renders it unconstitutional and void. ', (int) 16 => ' <p> The Eldorado Coal & Mining Company is an Indiana ', (int) 17 => ' <p> <a> Page 255 U. S. 526 </a> ', (int) 18 => ' <p> corporation which operated a bituminous coal mine and mining plant which it sold in May, 1917, for cash. The company retained its accounts receivable and, prior to September 30, 1917, it distributed among its stockholders, proportionately to their ownership of stocks, the cash received from the sale, and the accounts receivable in kind. The corporation, however, was not dissolved, nor its charter surrendered, because there were unsettled liabilities against it for federal income taxes and excess profit taxes. Otherwise, its affairs were wound up. ', (int) 19 => ' <p> It is averred in the declaration that, taking the fair market value as of March 1, 1913, of the capital assets of the company invested and employed in its business, and adding thereto the cost of additions and betterments, and subtracting depreciation and depletion to the date of sale, it appears that there was an appreciation in value of the property after March 1, 1913, of $5,986.02, and it was on this profit realized by the sale that the assessment of $3,073.16 was made which the company paid, and in this suit seeks to recover. ', (int) 20 => ' <p> It is obvious from this statement of the case that it presents in so nearly the same form precisely the same questions as were considered in No. 608, <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a> 255 U. S. 509 </a> </span> , that further discussion of them is unnecessary, and, on the authority of that case, the judgment of the district court is ', (int) 21 => ' <p> <em> Affirmed. </em> ', (int) 22 => ' <p> MR. JUSTICE HOLMES and MR. JUSTICE BRANDEIS, because of prior decisions of the Court, concur only in the judgment. ', (int) 23 => ' <br/> <br/> </div></body></html>' ) $paragraphAfter = (int) 1 $cnt = (int) 24 $i = (int) 6include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
ERROR TO THE DISTRICT COURT OF THE UNITED STATES
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Eldorado Coal and Mining Co Vs Mager - Citation 93488 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '93488', 'acts' => null, 'appealno' => '255 U.S. 522', 'appellant' => 'Eldorado Coal and Mining Co.', 'authreffered' => null, 'casename' => 'Eldorado Coal and Mining Co. Vs. Mager', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1921-03-28', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Eldorado Coal & Mining Co. v. Mager - 255 U.S. 522 (1921) <br/> <span> U.S. Supreme Court Eldorado Coal & Mining Co. v. Mager, 255 U.S. 522 (1921) </span> <p> <b> Eldorado Coal & Mining Co. v. Mager </b> </p> <p> <b> No. 609 </b> </p> <p> <b> Argued January 12, 1921 </b> </p> <p> <b> Decided March 28, 1921 </b> </p> <p> <b> 255 U.S. 522 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE DISTRICT COURT OF THE UNITED STATES </em> </p> <p> <em> FOR THE NORTHERN DISTRICT OF ILLINOIS </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> A mining corporation, upon a sale of its mine and plant in 1917, realized a profit representing an appreciation in their value since March 1, 1913. <em> Held </em> that the increase was taxable as income. P. <span> <a href="/case/93488/eldorado-coal-mining-co-vs-mager#526"> 255 U. S. 526 </a> </span> . <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a href="/case/78875/merchants-loan-trust-co-vs-smietanka"> 255 U. S. 509 </a> </span> . </p> <p> Affirmed. </p> <p> The case is stated in the opinion. </p> <p> <a class="page-number" id="525"> Page 255 U. S. 525 </a> </p> <p> </p> <p> MR. JUSTICE CLARKE delivered the opinion of the Court. </p> <p> This case comes into this Court on a writ of error to review a judgment of the District Court of the United States for the Northern District of Illinois sustaining a demurrer to a declaration in assumpsit to recover an assessment of income and excess profits taxes for the year 1917 under warrant of the Income Tax Act of Congress approved September 8, 1916 (39 Stat. c. 463, p. 756) as amended by the act approved October 3, 1917, c. 63, 40 Stat. 300. Payment was made under protest, and the claim to recover is based upon the same contention dealt with in No. 608, <span> <a href="/case/78875/merchants-loan-trust-co-vs-smietanka"> 255 U. S. 509 </a> </span> , that the fund taxed was not "income" within the scope of the Sixteenth Amendment to the Constitution of the United States, and that the effect given by the lower court to the act renders it unconstitutional and void. </p> <p> The Eldorado Coal & Mining Company is an Indiana </p> <p> <a class="page-number" id="526"> Page 255 U. S. 526 </a> </p> <p> corporation which operated a bituminous coal mine and mining plant which it sold in May, 1917, for cash. The company retained its accounts receivable and, prior to September 30, 1917, it distributed among its stockholders, proportionately to their ownership of stocks, the cash received from the sale, and the accounts receivable in kind. The corporation, however, was not dissolved, nor its charter surrendered, because there were unsettled liabilities against it for federal income taxes and excess profit taxes. Otherwise, its affairs were wound up. </p> <p> It is averred in the declaration that, taking the fair market value as of March 1, 1913, of the capital assets of the company invested and employed in its business, and adding thereto the cost of additions and betterments, and subtracting depreciation and depletion to the date of sale, it appears that there was an appreciation in value of the property after March 1, 1913, of $5,986.02, and it was on this profit realized by the sale that the assessment of $3,073.16 was made which the company paid, and in this suit seeks to recover. </p> <p> It is obvious from this statement of the case that it presents in so nearly the same form precisely the same questions as were considered in No. 608, <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a href="/case/78875/merchants-loan-trust-co-vs-smietanka"> 255 U. S. 509 </a> </span> , that further discussion of them is unnecessary, and, on the authority of that case, the judgment of the district court is </p> <p> <em> Affirmed. </em> </p> <p> MR. JUSTICE HOLMES and MR. JUSTICE BRANDEIS, because of prior decisions of the Court, concur only in the judgment. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Mager', 'sub' => null, 'link' => '/cases/federal/us/255/522/', 'circuit' => null ) ), 'casename_url' => 'eldorado-coal-mining-co-vs-mager', 'args' => array( (int) 0 => '93488', (int) 1 => 'eldorado-coal-mining-co-vs-mager' ) ) $title_for_layout = 'Eldorado Coal and Mining Co Vs Mager - Citation 93488 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '93488', 'acts' => null, 'appealno' => '255 U.S. 522', 'appellant' => 'Eldorado Coal and Mining Co.', 'authreffered' => null, 'casename' => 'Eldorado Coal and Mining Co. Vs. Mager', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1921-03-28', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Eldorado Coal & Mining Co. v. Mager - 255 U.S. 522 (1921) <br/> <span> U.S. Supreme Court Eldorado Coal & Mining Co. v. Mager, 255 U.S. 522 (1921) </span> <p> <b> Eldorado Coal & Mining Co. v. Mager </b> </p> <p> <b> No. 609 </b> </p> <p> <b> Argued January 12, 1921 </b> </p> <p> <b> Decided March 28, 1921 </b> </p> <p> <b> 255 U.S. 522 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE DISTRICT COURT OF THE UNITED STATES </em> </p> <p> <em> FOR THE NORTHERN DISTRICT OF ILLINOIS </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> A mining corporation, upon a sale of its mine and plant in 1917, realized a profit representing an appreciation in their value since March 1, 1913. <em> Held </em> that the increase was taxable as income. P. <span> <a> 255 U. S. 526 </a> </span> . <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a> 255 U. S. 509 </a> </span> . </p> <p> Affirmed. </p> <p> The case is stated in the opinion. </p> <p> <a> Page 255 U. S. 525 </a> </p> <p> </p> <p> MR. JUSTICE CLARKE delivered the opinion of the Court. </p> <p> This case comes into this Court on a writ of error to review a judgment of the District Court of the United States for the Northern District of Illinois sustaining a demurrer to a declaration in assumpsit to recover an assessment of income and excess profits taxes for the year 1917 under warrant of the Income Tax Act of Congress approved September 8, 1916 (39 Stat. c. 463, p. 756) as amended by the act approved October 3, 1917, c. 63, 40 Stat. 300. Payment was made under protest, and the claim to recover is based upon the same contention dealt with in No. 608, <span> <a> 255 U. S. 509 </a> </span> , that the fund taxed was not "income" within the scope of the Sixteenth Amendment to the Constitution of the United States, and that the effect given by the lower court to the act renders it unconstitutional and void. </p> <p> The Eldorado Coal & Mining Company is an Indiana </p> <p> <a> Page 255 U. S. 526 </a> </p> <p> corporation which operated a bituminous coal mine and mining plant which it sold in May, 1917, for cash. The company retained its accounts receivable and, prior to September 30, 1917, it distributed among its stockholders, proportionately to their ownership of stocks, the cash received from the sale, and the accounts receivable in kind. The corporation, however, was not dissolved, nor its charter surrendered, because there were unsettled liabilities against it for federal income taxes and excess profit taxes. Otherwise, its affairs were wound up. </p> <p> It is averred in the declaration that, taking the fair market value as of March 1, 1913, of the capital assets of the company invested and employed in its business, and adding thereto the cost of additions and betterments, and subtracting depreciation and depletion to the date of sale, it appears that there was an appreciation in value of the property after March 1, 1913, of $5,986.02, and it was on this profit realized by the sale that the assessment of $3,073.16 was made which the company paid, and in this suit seeks to recover. </p> <p> It is obvious from this statement of the case that it presents in so nearly the same form precisely the same questions as were considered in No. 608, <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a> 255 U. S. 509 </a> </span> , that further discussion of them is unnecessary, and, on the authority of that case, the judgment of the district court is </p> <p> <em> Affirmed. </em> </p> <p> MR. JUSTICE HOLMES and MR. JUSTICE BRANDEIS, because of prior decisions of the Court, concur only in the judgment. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Mager', 'sub' => null, 'link' => '/cases/federal/us/255/522/', 'circuit' => null ) ) $casename_url = 'eldorado-coal-mining-co-vs-mager' $args = array( (int) 0 => '93488', (int) 1 => 'eldorado-coal-mining-co-vs-mager' ) $url = 'https://sooperkanoon.com/case/amp/93488/eldorado-coal-mining-co-vs-mager' $ctype = '' $date = array( (int) 0 => 'Mar', (int) 1 => '28', (int) 2 => '1921' ) $content = array( (int) 0 => '<html><head></head><body><div> Eldorado Coal & Mining Co. v. Mager - 255 U.S. 522 (1921) <br/> <span> U.S. Supreme Court Eldorado Coal & Mining Co. v. Mager, 255 U.S. 522 (1921) </span> <p> <b> Eldorado Coal & Mining Co. v. Mager </b> ', (int) 1 => ' <p> <b> No. 609 </b> ', (int) 2 => ' <p> <b> Argued January 12, 1921 </b> ', (int) 3 => ' <p> <b> Decided March 28, 1921 </b> ', (int) 4 => ' <p> <b> 255 U.S. 522 </b> ', (int) 5 => ' <p> <b> </b> ', (int) 6 => ' <p> <em> ERROR TO THE DISTRICT COURT OF THE UNITED STATES </em> ', (int) 7 => ' <p> <em> FOR THE NORTHERN DISTRICT OF ILLINOIS </em> ', (int) 8 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 9 => ' <p> A mining corporation, upon a sale of its mine and plant in 1917, realized a profit representing an appreciation in their value since March 1, 1913. <em> Held </em> that the increase was taxable as income. P. <span> <a> 255 U. S. 526 </a> </span> . <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a> 255 U. S. 509 </a> </span> . ', (int) 10 => ' <p> Affirmed. ', (int) 11 => ' <p> The case is stated in the opinion. ', (int) 12 => ' <p> <a> Page 255 U. S. 525 </a> ', (int) 13 => ' <p> ', (int) 14 => ' <p> MR. JUSTICE CLARKE delivered the opinion of the Court. ', (int) 15 => ' <p> This case comes into this Court on a writ of error to review a judgment of the District Court of the United States for the Northern District of Illinois sustaining a demurrer to a declaration in assumpsit to recover an assessment of income and excess profits taxes for the year 1917 under warrant of the Income Tax Act of Congress approved September 8, 1916 (39 Stat. c. 463, p. 756) as amended by the act approved October 3, 1917, c. 63, 40 Stat. 300. Payment was made under protest, and the claim to recover is based upon the same contention dealt with in No. 608, <span> <a> 255 U. S. 509 </a> </span> , that the fund taxed was not "income" within the scope of the Sixteenth Amendment to the Constitution of the United States, and that the effect given by the lower court to the act renders it unconstitutional and void. ', (int) 16 => ' <p> The Eldorado Coal & Mining Company is an Indiana ', (int) 17 => ' <p> <a> Page 255 U. S. 526 </a> ', (int) 18 => ' <p> corporation which operated a bituminous coal mine and mining plant which it sold in May, 1917, for cash. The company retained its accounts receivable and, prior to September 30, 1917, it distributed among its stockholders, proportionately to their ownership of stocks, the cash received from the sale, and the accounts receivable in kind. The corporation, however, was not dissolved, nor its charter surrendered, because there were unsettled liabilities against it for federal income taxes and excess profit taxes. Otherwise, its affairs were wound up. ', (int) 19 => ' <p> It is averred in the declaration that, taking the fair market value as of March 1, 1913, of the capital assets of the company invested and employed in its business, and adding thereto the cost of additions and betterments, and subtracting depreciation and depletion to the date of sale, it appears that there was an appreciation in value of the property after March 1, 1913, of $5,986.02, and it was on this profit realized by the sale that the assessment of $3,073.16 was made which the company paid, and in this suit seeks to recover. ', (int) 20 => ' <p> It is obvious from this statement of the case that it presents in so nearly the same form precisely the same questions as were considered in No. 608, <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a> 255 U. S. 509 </a> </span> , that further discussion of them is unnecessary, and, on the authority of that case, the judgment of the district court is ', (int) 21 => ' <p> <em> Affirmed. </em> ', (int) 22 => ' <p> MR. JUSTICE HOLMES and MR. JUSTICE BRANDEIS, because of prior decisions of the Court, concur only in the judgment. ', (int) 23 => ' <br/> <br/> </div></body></html>' ) $paragraphAfter = (int) 1 $cnt = (int) 24 $i = (int) 7include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
FOR THE NORTHERN DISTRICT OF ILLINOIS
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Eldorado Coal and Mining Co Vs Mager - Citation 93488 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '93488', 'acts' => null, 'appealno' => '255 U.S. 522', 'appellant' => 'Eldorado Coal and Mining Co.', 'authreffered' => null, 'casename' => 'Eldorado Coal and Mining Co. Vs. Mager', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1921-03-28', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Eldorado Coal & Mining Co. v. Mager - 255 U.S. 522 (1921) <br/> <span> U.S. Supreme Court Eldorado Coal & Mining Co. v. Mager, 255 U.S. 522 (1921) </span> <p> <b> Eldorado Coal & Mining Co. v. Mager </b> </p> <p> <b> No. 609 </b> </p> <p> <b> Argued January 12, 1921 </b> </p> <p> <b> Decided March 28, 1921 </b> </p> <p> <b> 255 U.S. 522 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE DISTRICT COURT OF THE UNITED STATES </em> </p> <p> <em> FOR THE NORTHERN DISTRICT OF ILLINOIS </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> A mining corporation, upon a sale of its mine and plant in 1917, realized a profit representing an appreciation in their value since March 1, 1913. <em> Held </em> that the increase was taxable as income. P. <span> <a href="/case/93488/eldorado-coal-mining-co-vs-mager#526"> 255 U. S. 526 </a> </span> . <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a href="/case/78875/merchants-loan-trust-co-vs-smietanka"> 255 U. S. 509 </a> </span> . </p> <p> Affirmed. </p> <p> The case is stated in the opinion. </p> <p> <a class="page-number" id="525"> Page 255 U. S. 525 </a> </p> <p> </p> <p> MR. JUSTICE CLARKE delivered the opinion of the Court. </p> <p> This case comes into this Court on a writ of error to review a judgment of the District Court of the United States for the Northern District of Illinois sustaining a demurrer to a declaration in assumpsit to recover an assessment of income and excess profits taxes for the year 1917 under warrant of the Income Tax Act of Congress approved September 8, 1916 (39 Stat. c. 463, p. 756) as amended by the act approved October 3, 1917, c. 63, 40 Stat. 300. Payment was made under protest, and the claim to recover is based upon the same contention dealt with in No. 608, <span> <a href="/case/78875/merchants-loan-trust-co-vs-smietanka"> 255 U. S. 509 </a> </span> , that the fund taxed was not "income" within the scope of the Sixteenth Amendment to the Constitution of the United States, and that the effect given by the lower court to the act renders it unconstitutional and void. </p> <p> The Eldorado Coal & Mining Company is an Indiana </p> <p> <a class="page-number" id="526"> Page 255 U. S. 526 </a> </p> <p> corporation which operated a bituminous coal mine and mining plant which it sold in May, 1917, for cash. The company retained its accounts receivable and, prior to September 30, 1917, it distributed among its stockholders, proportionately to their ownership of stocks, the cash received from the sale, and the accounts receivable in kind. The corporation, however, was not dissolved, nor its charter surrendered, because there were unsettled liabilities against it for federal income taxes and excess profit taxes. Otherwise, its affairs were wound up. </p> <p> It is averred in the declaration that, taking the fair market value as of March 1, 1913, of the capital assets of the company invested and employed in its business, and adding thereto the cost of additions and betterments, and subtracting depreciation and depletion to the date of sale, it appears that there was an appreciation in value of the property after March 1, 1913, of $5,986.02, and it was on this profit realized by the sale that the assessment of $3,073.16 was made which the company paid, and in this suit seeks to recover. </p> <p> It is obvious from this statement of the case that it presents in so nearly the same form precisely the same questions as were considered in No. 608, <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a href="/case/78875/merchants-loan-trust-co-vs-smietanka"> 255 U. S. 509 </a> </span> , that further discussion of them is unnecessary, and, on the authority of that case, the judgment of the district court is </p> <p> <em> Affirmed. </em> </p> <p> MR. JUSTICE HOLMES and MR. JUSTICE BRANDEIS, because of prior decisions of the Court, concur only in the judgment. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Mager', 'sub' => null, 'link' => '/cases/federal/us/255/522/', 'circuit' => null ) ), 'casename_url' => 'eldorado-coal-mining-co-vs-mager', 'args' => array( (int) 0 => '93488', (int) 1 => 'eldorado-coal-mining-co-vs-mager' ) ) $title_for_layout = 'Eldorado Coal and Mining Co Vs Mager - Citation 93488 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '93488', 'acts' => null, 'appealno' => '255 U.S. 522', 'appellant' => 'Eldorado Coal and Mining Co.', 'authreffered' => null, 'casename' => 'Eldorado Coal and Mining Co. Vs. Mager', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1921-03-28', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Eldorado Coal & Mining Co. v. Mager - 255 U.S. 522 (1921) <br/> <span> U.S. Supreme Court Eldorado Coal & Mining Co. v. Mager, 255 U.S. 522 (1921) </span> <p> <b> Eldorado Coal & Mining Co. v. Mager </b> </p> <p> <b> No. 609 </b> </p> <p> <b> Argued January 12, 1921 </b> </p> <p> <b> Decided March 28, 1921 </b> </p> <p> <b> 255 U.S. 522 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE DISTRICT COURT OF THE UNITED STATES </em> </p> <p> <em> FOR THE NORTHERN DISTRICT OF ILLINOIS </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> A mining corporation, upon a sale of its mine and plant in 1917, realized a profit representing an appreciation in their value since March 1, 1913. <em> Held </em> that the increase was taxable as income. P. <span> <a> 255 U. S. 526 </a> </span> . <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a> 255 U. S. 509 </a> </span> . </p> <p> Affirmed. </p> <p> The case is stated in the opinion. </p> <p> <a> Page 255 U. S. 525 </a> </p> <p> </p> <p> MR. JUSTICE CLARKE delivered the opinion of the Court. </p> <p> This case comes into this Court on a writ of error to review a judgment of the District Court of the United States for the Northern District of Illinois sustaining a demurrer to a declaration in assumpsit to recover an assessment of income and excess profits taxes for the year 1917 under warrant of the Income Tax Act of Congress approved September 8, 1916 (39 Stat. c. 463, p. 756) as amended by the act approved October 3, 1917, c. 63, 40 Stat. 300. Payment was made under protest, and the claim to recover is based upon the same contention dealt with in No. 608, <span> <a> 255 U. S. 509 </a> </span> , that the fund taxed was not "income" within the scope of the Sixteenth Amendment to the Constitution of the United States, and that the effect given by the lower court to the act renders it unconstitutional and void. </p> <p> The Eldorado Coal & Mining Company is an Indiana </p> <p> <a> Page 255 U. S. 526 </a> </p> <p> corporation which operated a bituminous coal mine and mining plant which it sold in May, 1917, for cash. The company retained its accounts receivable and, prior to September 30, 1917, it distributed among its stockholders, proportionately to their ownership of stocks, the cash received from the sale, and the accounts receivable in kind. The corporation, however, was not dissolved, nor its charter surrendered, because there were unsettled liabilities against it for federal income taxes and excess profit taxes. Otherwise, its affairs were wound up. </p> <p> It is averred in the declaration that, taking the fair market value as of March 1, 1913, of the capital assets of the company invested and employed in its business, and adding thereto the cost of additions and betterments, and subtracting depreciation and depletion to the date of sale, it appears that there was an appreciation in value of the property after March 1, 1913, of $5,986.02, and it was on this profit realized by the sale that the assessment of $3,073.16 was made which the company paid, and in this suit seeks to recover. </p> <p> It is obvious from this statement of the case that it presents in so nearly the same form precisely the same questions as were considered in No. 608, <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a> 255 U. S. 509 </a> </span> , that further discussion of them is unnecessary, and, on the authority of that case, the judgment of the district court is </p> <p> <em> Affirmed. </em> </p> <p> MR. JUSTICE HOLMES and MR. JUSTICE BRANDEIS, because of prior decisions of the Court, concur only in the judgment. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Mager', 'sub' => null, 'link' => '/cases/federal/us/255/522/', 'circuit' => null ) ) $casename_url = 'eldorado-coal-mining-co-vs-mager' $args = array( (int) 0 => '93488', (int) 1 => 'eldorado-coal-mining-co-vs-mager' ) $url = 'https://sooperkanoon.com/case/amp/93488/eldorado-coal-mining-co-vs-mager' $ctype = '' $date = array( (int) 0 => 'Mar', (int) 1 => '28', (int) 2 => '1921' ) $content = array( (int) 0 => '<html><head></head><body><div> Eldorado Coal & Mining Co. v. Mager - 255 U.S. 522 (1921) <br/> <span> U.S. Supreme Court Eldorado Coal & Mining Co. v. Mager, 255 U.S. 522 (1921) </span> <p> <b> Eldorado Coal & Mining Co. v. Mager </b> ', (int) 1 => ' <p> <b> No. 609 </b> ', (int) 2 => ' <p> <b> Argued January 12, 1921 </b> ', (int) 3 => ' <p> <b> Decided March 28, 1921 </b> ', (int) 4 => ' <p> <b> 255 U.S. 522 </b> ', (int) 5 => ' <p> <b> </b> ', (int) 6 => ' <p> <em> ERROR TO THE DISTRICT COURT OF THE UNITED STATES </em> ', (int) 7 => ' <p> <em> FOR THE NORTHERN DISTRICT OF ILLINOIS </em> ', (int) 8 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 9 => ' <p> A mining corporation, upon a sale of its mine and plant in 1917, realized a profit representing an appreciation in their value since March 1, 1913. <em> Held </em> that the increase was taxable as income. P. <span> <a> 255 U. S. 526 </a> </span> . <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a> 255 U. S. 509 </a> </span> . ', (int) 10 => ' <p> Affirmed. ', (int) 11 => ' <p> The case is stated in the opinion. ', (int) 12 => ' <p> <a> Page 255 U. S. 525 </a> ', (int) 13 => ' <p> ', (int) 14 => ' <p> MR. JUSTICE CLARKE delivered the opinion of the Court. ', (int) 15 => ' <p> This case comes into this Court on a writ of error to review a judgment of the District Court of the United States for the Northern District of Illinois sustaining a demurrer to a declaration in assumpsit to recover an assessment of income and excess profits taxes for the year 1917 under warrant of the Income Tax Act of Congress approved September 8, 1916 (39 Stat. c. 463, p. 756) as amended by the act approved October 3, 1917, c. 63, 40 Stat. 300. Payment was made under protest, and the claim to recover is based upon the same contention dealt with in No. 608, <span> <a> 255 U. S. 509 </a> </span> , that the fund taxed was not "income" within the scope of the Sixteenth Amendment to the Constitution of the United States, and that the effect given by the lower court to the act renders it unconstitutional and void. ', (int) 16 => ' <p> The Eldorado Coal & Mining Company is an Indiana ', (int) 17 => ' <p> <a> Page 255 U. S. 526 </a> ', (int) 18 => ' <p> corporation which operated a bituminous coal mine and mining plant which it sold in May, 1917, for cash. The company retained its accounts receivable and, prior to September 30, 1917, it distributed among its stockholders, proportionately to their ownership of stocks, the cash received from the sale, and the accounts receivable in kind. The corporation, however, was not dissolved, nor its charter surrendered, because there were unsettled liabilities against it for federal income taxes and excess profit taxes. Otherwise, its affairs were wound up. ', (int) 19 => ' <p> It is averred in the declaration that, taking the fair market value as of March 1, 1913, of the capital assets of the company invested and employed in its business, and adding thereto the cost of additions and betterments, and subtracting depreciation and depletion to the date of sale, it appears that there was an appreciation in value of the property after March 1, 1913, of $5,986.02, and it was on this profit realized by the sale that the assessment of $3,073.16 was made which the company paid, and in this suit seeks to recover. ', (int) 20 => ' <p> It is obvious from this statement of the case that it presents in so nearly the same form precisely the same questions as were considered in No. 608, <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a> 255 U. S. 509 </a> </span> , that further discussion of them is unnecessary, and, on the authority of that case, the judgment of the district court is ', (int) 21 => ' <p> <em> Affirmed. </em> ', (int) 22 => ' <p> MR. JUSTICE HOLMES and MR. JUSTICE BRANDEIS, because of prior decisions of the Court, concur only in the judgment. ', (int) 23 => ' <br/> <br/> </div></body></html>' ) $paragraphAfter = (int) 1 $cnt = (int) 24 $i = (int) 8include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
Syllabus
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Eldorado Coal and Mining Co Vs Mager - Citation 93488 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '93488', 'acts' => null, 'appealno' => '255 U.S. 522', 'appellant' => 'Eldorado Coal and Mining Co.', 'authreffered' => null, 'casename' => 'Eldorado Coal and Mining Co. Vs. Mager', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1921-03-28', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Eldorado Coal & Mining Co. v. Mager - 255 U.S. 522 (1921) <br/> <span> U.S. Supreme Court Eldorado Coal & Mining Co. v. Mager, 255 U.S. 522 (1921) </span> <p> <b> Eldorado Coal & Mining Co. v. Mager </b> </p> <p> <b> No. 609 </b> </p> <p> <b> Argued January 12, 1921 </b> </p> <p> <b> Decided March 28, 1921 </b> </p> <p> <b> 255 U.S. 522 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE DISTRICT COURT OF THE UNITED STATES </em> </p> <p> <em> FOR THE NORTHERN DISTRICT OF ILLINOIS </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> A mining corporation, upon a sale of its mine and plant in 1917, realized a profit representing an appreciation in their value since March 1, 1913. <em> Held </em> that the increase was taxable as income. P. <span> <a href="/case/93488/eldorado-coal-mining-co-vs-mager#526"> 255 U. S. 526 </a> </span> . <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a href="/case/78875/merchants-loan-trust-co-vs-smietanka"> 255 U. S. 509 </a> </span> . </p> <p> Affirmed. </p> <p> The case is stated in the opinion. </p> <p> <a class="page-number" id="525"> Page 255 U. S. 525 </a> </p> <p> </p> <p> MR. JUSTICE CLARKE delivered the opinion of the Court. </p> <p> This case comes into this Court on a writ of error to review a judgment of the District Court of the United States for the Northern District of Illinois sustaining a demurrer to a declaration in assumpsit to recover an assessment of income and excess profits taxes for the year 1917 under warrant of the Income Tax Act of Congress approved September 8, 1916 (39 Stat. c. 463, p. 756) as amended by the act approved October 3, 1917, c. 63, 40 Stat. 300. Payment was made under protest, and the claim to recover is based upon the same contention dealt with in No. 608, <span> <a href="/case/78875/merchants-loan-trust-co-vs-smietanka"> 255 U. S. 509 </a> </span> , that the fund taxed was not "income" within the scope of the Sixteenth Amendment to the Constitution of the United States, and that the effect given by the lower court to the act renders it unconstitutional and void. </p> <p> The Eldorado Coal & Mining Company is an Indiana </p> <p> <a class="page-number" id="526"> Page 255 U. S. 526 </a> </p> <p> corporation which operated a bituminous coal mine and mining plant which it sold in May, 1917, for cash. The company retained its accounts receivable and, prior to September 30, 1917, it distributed among its stockholders, proportionately to their ownership of stocks, the cash received from the sale, and the accounts receivable in kind. The corporation, however, was not dissolved, nor its charter surrendered, because there were unsettled liabilities against it for federal income taxes and excess profit taxes. Otherwise, its affairs were wound up. </p> <p> It is averred in the declaration that, taking the fair market value as of March 1, 1913, of the capital assets of the company invested and employed in its business, and adding thereto the cost of additions and betterments, and subtracting depreciation and depletion to the date of sale, it appears that there was an appreciation in value of the property after March 1, 1913, of $5,986.02, and it was on this profit realized by the sale that the assessment of $3,073.16 was made which the company paid, and in this suit seeks to recover. </p> <p> It is obvious from this statement of the case that it presents in so nearly the same form precisely the same questions as were considered in No. 608, <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a href="/case/78875/merchants-loan-trust-co-vs-smietanka"> 255 U. S. 509 </a> </span> , that further discussion of them is unnecessary, and, on the authority of that case, the judgment of the district court is </p> <p> <em> Affirmed. </em> </p> <p> MR. JUSTICE HOLMES and MR. JUSTICE BRANDEIS, because of prior decisions of the Court, concur only in the judgment. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Mager', 'sub' => null, 'link' => '/cases/federal/us/255/522/', 'circuit' => null ) ), 'casename_url' => 'eldorado-coal-mining-co-vs-mager', 'args' => array( (int) 0 => '93488', (int) 1 => 'eldorado-coal-mining-co-vs-mager' ) ) $title_for_layout = 'Eldorado Coal and Mining Co Vs Mager - Citation 93488 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '93488', 'acts' => null, 'appealno' => '255 U.S. 522', 'appellant' => 'Eldorado Coal and Mining Co.', 'authreffered' => null, 'casename' => 'Eldorado Coal and Mining Co. Vs. Mager', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1921-03-28', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Eldorado Coal & Mining Co. v. Mager - 255 U.S. 522 (1921) <br/> <span> U.S. Supreme Court Eldorado Coal & Mining Co. v. Mager, 255 U.S. 522 (1921) </span> <p> <b> Eldorado Coal & Mining Co. v. Mager </b> </p> <p> <b> No. 609 </b> </p> <p> <b> Argued January 12, 1921 </b> </p> <p> <b> Decided March 28, 1921 </b> </p> <p> <b> 255 U.S. 522 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE DISTRICT COURT OF THE UNITED STATES </em> </p> <p> <em> FOR THE NORTHERN DISTRICT OF ILLINOIS </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> A mining corporation, upon a sale of its mine and plant in 1917, realized a profit representing an appreciation in their value since March 1, 1913. <em> Held </em> that the increase was taxable as income. P. <span> <a> 255 U. S. 526 </a> </span> . <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a> 255 U. S. 509 </a> </span> . </p> <p> Affirmed. </p> <p> The case is stated in the opinion. </p> <p> <a> Page 255 U. S. 525 </a> </p> <p> </p> <p> MR. JUSTICE CLARKE delivered the opinion of the Court. </p> <p> This case comes into this Court on a writ of error to review a judgment of the District Court of the United States for the Northern District of Illinois sustaining a demurrer to a declaration in assumpsit to recover an assessment of income and excess profits taxes for the year 1917 under warrant of the Income Tax Act of Congress approved September 8, 1916 (39 Stat. c. 463, p. 756) as amended by the act approved October 3, 1917, c. 63, 40 Stat. 300. Payment was made under protest, and the claim to recover is based upon the same contention dealt with in No. 608, <span> <a> 255 U. S. 509 </a> </span> , that the fund taxed was not "income" within the scope of the Sixteenth Amendment to the Constitution of the United States, and that the effect given by the lower court to the act renders it unconstitutional and void. </p> <p> The Eldorado Coal & Mining Company is an Indiana </p> <p> <a> Page 255 U. S. 526 </a> </p> <p> corporation which operated a bituminous coal mine and mining plant which it sold in May, 1917, for cash. The company retained its accounts receivable and, prior to September 30, 1917, it distributed among its stockholders, proportionately to their ownership of stocks, the cash received from the sale, and the accounts receivable in kind. The corporation, however, was not dissolved, nor its charter surrendered, because there were unsettled liabilities against it for federal income taxes and excess profit taxes. Otherwise, its affairs were wound up. </p> <p> It is averred in the declaration that, taking the fair market value as of March 1, 1913, of the capital assets of the company invested and employed in its business, and adding thereto the cost of additions and betterments, and subtracting depreciation and depletion to the date of sale, it appears that there was an appreciation in value of the property after March 1, 1913, of $5,986.02, and it was on this profit realized by the sale that the assessment of $3,073.16 was made which the company paid, and in this suit seeks to recover. </p> <p> It is obvious from this statement of the case that it presents in so nearly the same form precisely the same questions as were considered in No. 608, <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a> 255 U. S. 509 </a> </span> , that further discussion of them is unnecessary, and, on the authority of that case, the judgment of the district court is </p> <p> <em> Affirmed. </em> </p> <p> MR. JUSTICE HOLMES and MR. JUSTICE BRANDEIS, because of prior decisions of the Court, concur only in the judgment. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Mager', 'sub' => null, 'link' => '/cases/federal/us/255/522/', 'circuit' => null ) ) $casename_url = 'eldorado-coal-mining-co-vs-mager' $args = array( (int) 0 => '93488', (int) 1 => 'eldorado-coal-mining-co-vs-mager' ) $url = 'https://sooperkanoon.com/case/amp/93488/eldorado-coal-mining-co-vs-mager' $ctype = '' $date = array( (int) 0 => 'Mar', (int) 1 => '28', (int) 2 => '1921' ) $content = array( (int) 0 => '<html><head></head><body><div> Eldorado Coal & Mining Co. v. Mager - 255 U.S. 522 (1921) <br/> <span> U.S. Supreme Court Eldorado Coal & Mining Co. v. Mager, 255 U.S. 522 (1921) </span> <p> <b> Eldorado Coal & Mining Co. v. Mager </b> ', (int) 1 => ' <p> <b> No. 609 </b> ', (int) 2 => ' <p> <b> Argued January 12, 1921 </b> ', (int) 3 => ' <p> <b> Decided March 28, 1921 </b> ', (int) 4 => ' <p> <b> 255 U.S. 522 </b> ', (int) 5 => ' <p> <b> </b> ', (int) 6 => ' <p> <em> ERROR TO THE DISTRICT COURT OF THE UNITED STATES </em> ', (int) 7 => ' <p> <em> FOR THE NORTHERN DISTRICT OF ILLINOIS </em> ', (int) 8 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 9 => ' <p> A mining corporation, upon a sale of its mine and plant in 1917, realized a profit representing an appreciation in their value since March 1, 1913. <em> Held </em> that the increase was taxable as income. P. <span> <a> 255 U. S. 526 </a> </span> . <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a> 255 U. S. 509 </a> </span> . ', (int) 10 => ' <p> Affirmed. ', (int) 11 => ' <p> The case is stated in the opinion. ', (int) 12 => ' <p> <a> Page 255 U. S. 525 </a> ', (int) 13 => ' <p> ', (int) 14 => ' <p> MR. JUSTICE CLARKE delivered the opinion of the Court. ', (int) 15 => ' <p> This case comes into this Court on a writ of error to review a judgment of the District Court of the United States for the Northern District of Illinois sustaining a demurrer to a declaration in assumpsit to recover an assessment of income and excess profits taxes for the year 1917 under warrant of the Income Tax Act of Congress approved September 8, 1916 (39 Stat. c. 463, p. 756) as amended by the act approved October 3, 1917, c. 63, 40 Stat. 300. Payment was made under protest, and the claim to recover is based upon the same contention dealt with in No. 608, <span> <a> 255 U. S. 509 </a> </span> , that the fund taxed was not "income" within the scope of the Sixteenth Amendment to the Constitution of the United States, and that the effect given by the lower court to the act renders it unconstitutional and void. ', (int) 16 => ' <p> The Eldorado Coal & Mining Company is an Indiana ', (int) 17 => ' <p> <a> Page 255 U. S. 526 </a> ', (int) 18 => ' <p> corporation which operated a bituminous coal mine and mining plant which it sold in May, 1917, for cash. The company retained its accounts receivable and, prior to September 30, 1917, it distributed among its stockholders, proportionately to their ownership of stocks, the cash received from the sale, and the accounts receivable in kind. The corporation, however, was not dissolved, nor its charter surrendered, because there were unsettled liabilities against it for federal income taxes and excess profit taxes. Otherwise, its affairs were wound up. ', (int) 19 => ' <p> It is averred in the declaration that, taking the fair market value as of March 1, 1913, of the capital assets of the company invested and employed in its business, and adding thereto the cost of additions and betterments, and subtracting depreciation and depletion to the date of sale, it appears that there was an appreciation in value of the property after March 1, 1913, of $5,986.02, and it was on this profit realized by the sale that the assessment of $3,073.16 was made which the company paid, and in this suit seeks to recover. ', (int) 20 => ' <p> It is obvious from this statement of the case that it presents in so nearly the same form precisely the same questions as were considered in No. 608, <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a> 255 U. S. 509 </a> </span> , that further discussion of them is unnecessary, and, on the authority of that case, the judgment of the district court is ', (int) 21 => ' <p> <em> Affirmed. </em> ', (int) 22 => ' <p> MR. JUSTICE HOLMES and MR. JUSTICE BRANDEIS, because of prior decisions of the Court, concur only in the judgment. ', (int) 23 => ' <br/> <br/> </div></body></html>' ) $paragraphAfter = (int) 1 $cnt = (int) 24 $i = (int) 9include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
A mining corporation, upon a sale of its mine and plant in 1917, realized a profit representing an appreciation in their value since March 1, 1913. Held that the increase was taxable as income. P. 255 U. S. 526 . Merchants' Loan & Trust Co. v. Smietanka, ante, 255 U. S. 509 .
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Eldorado Coal and Mining Co Vs Mager - Citation 93488 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '93488', 'acts' => null, 'appealno' => '255 U.S. 522', 'appellant' => 'Eldorado Coal and Mining Co.', 'authreffered' => null, 'casename' => 'Eldorado Coal and Mining Co. Vs. Mager', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1921-03-28', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Eldorado Coal & Mining Co. v. Mager - 255 U.S. 522 (1921) <br/> <span> U.S. Supreme Court Eldorado Coal & Mining Co. v. Mager, 255 U.S. 522 (1921) </span> <p> <b> Eldorado Coal & Mining Co. v. Mager </b> </p> <p> <b> No. 609 </b> </p> <p> <b> Argued January 12, 1921 </b> </p> <p> <b> Decided March 28, 1921 </b> </p> <p> <b> 255 U.S. 522 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE DISTRICT COURT OF THE UNITED STATES </em> </p> <p> <em> FOR THE NORTHERN DISTRICT OF ILLINOIS </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> A mining corporation, upon a sale of its mine and plant in 1917, realized a profit representing an appreciation in their value since March 1, 1913. <em> Held </em> that the increase was taxable as income. P. <span> <a href="/case/93488/eldorado-coal-mining-co-vs-mager#526"> 255 U. S. 526 </a> </span> . <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a href="/case/78875/merchants-loan-trust-co-vs-smietanka"> 255 U. S. 509 </a> </span> . </p> <p> Affirmed. </p> <p> The case is stated in the opinion. </p> <p> <a class="page-number" id="525"> Page 255 U. S. 525 </a> </p> <p> </p> <p> MR. JUSTICE CLARKE delivered the opinion of the Court. </p> <p> This case comes into this Court on a writ of error to review a judgment of the District Court of the United States for the Northern District of Illinois sustaining a demurrer to a declaration in assumpsit to recover an assessment of income and excess profits taxes for the year 1917 under warrant of the Income Tax Act of Congress approved September 8, 1916 (39 Stat. c. 463, p. 756) as amended by the act approved October 3, 1917, c. 63, 40 Stat. 300. Payment was made under protest, and the claim to recover is based upon the same contention dealt with in No. 608, <span> <a href="/case/78875/merchants-loan-trust-co-vs-smietanka"> 255 U. S. 509 </a> </span> , that the fund taxed was not "income" within the scope of the Sixteenth Amendment to the Constitution of the United States, and that the effect given by the lower court to the act renders it unconstitutional and void. </p> <p> The Eldorado Coal & Mining Company is an Indiana </p> <p> <a class="page-number" id="526"> Page 255 U. S. 526 </a> </p> <p> corporation which operated a bituminous coal mine and mining plant which it sold in May, 1917, for cash. The company retained its accounts receivable and, prior to September 30, 1917, it distributed among its stockholders, proportionately to their ownership of stocks, the cash received from the sale, and the accounts receivable in kind. The corporation, however, was not dissolved, nor its charter surrendered, because there were unsettled liabilities against it for federal income taxes and excess profit taxes. Otherwise, its affairs were wound up. </p> <p> It is averred in the declaration that, taking the fair market value as of March 1, 1913, of the capital assets of the company invested and employed in its business, and adding thereto the cost of additions and betterments, and subtracting depreciation and depletion to the date of sale, it appears that there was an appreciation in value of the property after March 1, 1913, of $5,986.02, and it was on this profit realized by the sale that the assessment of $3,073.16 was made which the company paid, and in this suit seeks to recover. </p> <p> It is obvious from this statement of the case that it presents in so nearly the same form precisely the same questions as were considered in No. 608, <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a href="/case/78875/merchants-loan-trust-co-vs-smietanka"> 255 U. S. 509 </a> </span> , that further discussion of them is unnecessary, and, on the authority of that case, the judgment of the district court is </p> <p> <em> Affirmed. </em> </p> <p> MR. JUSTICE HOLMES and MR. JUSTICE BRANDEIS, because of prior decisions of the Court, concur only in the judgment. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Mager', 'sub' => null, 'link' => '/cases/federal/us/255/522/', 'circuit' => null ) ), 'casename_url' => 'eldorado-coal-mining-co-vs-mager', 'args' => array( (int) 0 => '93488', (int) 1 => 'eldorado-coal-mining-co-vs-mager' ) ) $title_for_layout = 'Eldorado Coal and Mining Co Vs Mager - Citation 93488 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '93488', 'acts' => null, 'appealno' => '255 U.S. 522', 'appellant' => 'Eldorado Coal and Mining Co.', 'authreffered' => null, 'casename' => 'Eldorado Coal and Mining Co. Vs. Mager', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1921-03-28', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Eldorado Coal & Mining Co. v. Mager - 255 U.S. 522 (1921) <br/> <span> U.S. Supreme Court Eldorado Coal & Mining Co. v. Mager, 255 U.S. 522 (1921) </span> <p> <b> Eldorado Coal & Mining Co. v. Mager </b> </p> <p> <b> No. 609 </b> </p> <p> <b> Argued January 12, 1921 </b> </p> <p> <b> Decided March 28, 1921 </b> </p> <p> <b> 255 U.S. 522 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE DISTRICT COURT OF THE UNITED STATES </em> </p> <p> <em> FOR THE NORTHERN DISTRICT OF ILLINOIS </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> A mining corporation, upon a sale of its mine and plant in 1917, realized a profit representing an appreciation in their value since March 1, 1913. <em> Held </em> that the increase was taxable as income. P. <span> <a> 255 U. S. 526 </a> </span> . <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a> 255 U. S. 509 </a> </span> . </p> <p> Affirmed. </p> <p> The case is stated in the opinion. </p> <p> <a> Page 255 U. S. 525 </a> </p> <p> </p> <p> MR. JUSTICE CLARKE delivered the opinion of the Court. </p> <p> This case comes into this Court on a writ of error to review a judgment of the District Court of the United States for the Northern District of Illinois sustaining a demurrer to a declaration in assumpsit to recover an assessment of income and excess profits taxes for the year 1917 under warrant of the Income Tax Act of Congress approved September 8, 1916 (39 Stat. c. 463, p. 756) as amended by the act approved October 3, 1917, c. 63, 40 Stat. 300. Payment was made under protest, and the claim to recover is based upon the same contention dealt with in No. 608, <span> <a> 255 U. S. 509 </a> </span> , that the fund taxed was not "income" within the scope of the Sixteenth Amendment to the Constitution of the United States, and that the effect given by the lower court to the act renders it unconstitutional and void. </p> <p> The Eldorado Coal & Mining Company is an Indiana </p> <p> <a> Page 255 U. S. 526 </a> </p> <p> corporation which operated a bituminous coal mine and mining plant which it sold in May, 1917, for cash. The company retained its accounts receivable and, prior to September 30, 1917, it distributed among its stockholders, proportionately to their ownership of stocks, the cash received from the sale, and the accounts receivable in kind. The corporation, however, was not dissolved, nor its charter surrendered, because there were unsettled liabilities against it for federal income taxes and excess profit taxes. Otherwise, its affairs were wound up. </p> <p> It is averred in the declaration that, taking the fair market value as of March 1, 1913, of the capital assets of the company invested and employed in its business, and adding thereto the cost of additions and betterments, and subtracting depreciation and depletion to the date of sale, it appears that there was an appreciation in value of the property after March 1, 1913, of $5,986.02, and it was on this profit realized by the sale that the assessment of $3,073.16 was made which the company paid, and in this suit seeks to recover. </p> <p> It is obvious from this statement of the case that it presents in so nearly the same form precisely the same questions as were considered in No. 608, <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a> 255 U. S. 509 </a> </span> , that further discussion of them is unnecessary, and, on the authority of that case, the judgment of the district court is </p> <p> <em> Affirmed. </em> </p> <p> MR. JUSTICE HOLMES and MR. JUSTICE BRANDEIS, because of prior decisions of the Court, concur only in the judgment. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Mager', 'sub' => null, 'link' => '/cases/federal/us/255/522/', 'circuit' => null ) ) $casename_url = 'eldorado-coal-mining-co-vs-mager' $args = array( (int) 0 => '93488', (int) 1 => 'eldorado-coal-mining-co-vs-mager' ) $url = 'https://sooperkanoon.com/case/amp/93488/eldorado-coal-mining-co-vs-mager' $ctype = '' $date = array( (int) 0 => 'Mar', (int) 1 => '28', (int) 2 => '1921' ) $content = array( (int) 0 => '<html><head></head><body><div> Eldorado Coal & Mining Co. v. Mager - 255 U.S. 522 (1921) <br/> <span> U.S. Supreme Court Eldorado Coal & Mining Co. v. Mager, 255 U.S. 522 (1921) </span> <p> <b> Eldorado Coal & Mining Co. v. Mager </b> ', (int) 1 => ' <p> <b> No. 609 </b> ', (int) 2 => ' <p> <b> Argued January 12, 1921 </b> ', (int) 3 => ' <p> <b> Decided March 28, 1921 </b> ', (int) 4 => ' <p> <b> 255 U.S. 522 </b> ', (int) 5 => ' <p> <b> </b> ', (int) 6 => ' <p> <em> ERROR TO THE DISTRICT COURT OF THE UNITED STATES </em> ', (int) 7 => ' <p> <em> FOR THE NORTHERN DISTRICT OF ILLINOIS </em> ', (int) 8 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 9 => ' <p> A mining corporation, upon a sale of its mine and plant in 1917, realized a profit representing an appreciation in their value since March 1, 1913. <em> Held </em> that the increase was taxable as income. P. <span> <a> 255 U. S. 526 </a> </span> . <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a> 255 U. S. 509 </a> </span> . ', (int) 10 => ' <p> Affirmed. ', (int) 11 => ' <p> The case is stated in the opinion. ', (int) 12 => ' <p> <a> Page 255 U. S. 525 </a> ', (int) 13 => ' <p> ', (int) 14 => ' <p> MR. JUSTICE CLARKE delivered the opinion of the Court. ', (int) 15 => ' <p> This case comes into this Court on a writ of error to review a judgment of the District Court of the United States for the Northern District of Illinois sustaining a demurrer to a declaration in assumpsit to recover an assessment of income and excess profits taxes for the year 1917 under warrant of the Income Tax Act of Congress approved September 8, 1916 (39 Stat. c. 463, p. 756) as amended by the act approved October 3, 1917, c. 63, 40 Stat. 300. Payment was made under protest, and the claim to recover is based upon the same contention dealt with in No. 608, <span> <a> 255 U. S. 509 </a> </span> , that the fund taxed was not "income" within the scope of the Sixteenth Amendment to the Constitution of the United States, and that the effect given by the lower court to the act renders it unconstitutional and void. ', (int) 16 => ' <p> The Eldorado Coal & Mining Company is an Indiana ', (int) 17 => ' <p> <a> Page 255 U. S. 526 </a> ', (int) 18 => ' <p> corporation which operated a bituminous coal mine and mining plant which it sold in May, 1917, for cash. The company retained its accounts receivable and, prior to September 30, 1917, it distributed among its stockholders, proportionately to their ownership of stocks, the cash received from the sale, and the accounts receivable in kind. The corporation, however, was not dissolved, nor its charter surrendered, because there were unsettled liabilities against it for federal income taxes and excess profit taxes. Otherwise, its affairs were wound up. ', (int) 19 => ' <p> It is averred in the declaration that, taking the fair market value as of March 1, 1913, of the capital assets of the company invested and employed in its business, and adding thereto the cost of additions and betterments, and subtracting depreciation and depletion to the date of sale, it appears that there was an appreciation in value of the property after March 1, 1913, of $5,986.02, and it was on this profit realized by the sale that the assessment of $3,073.16 was made which the company paid, and in this suit seeks to recover. ', (int) 20 => ' <p> It is obvious from this statement of the case that it presents in so nearly the same form precisely the same questions as were considered in No. 608, <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a> 255 U. S. 509 </a> </span> , that further discussion of them is unnecessary, and, on the authority of that case, the judgment of the district court is ', (int) 21 => ' <p> <em> Affirmed. </em> ', (int) 22 => ' <p> MR. JUSTICE HOLMES and MR. JUSTICE BRANDEIS, because of prior decisions of the Court, concur only in the judgment. ', (int) 23 => ' <br/> <br/> </div></body></html>' ) $paragraphAfter = (int) 1 $cnt = (int) 24 $i = (int) 10include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
Affirmed.
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Eldorado Coal and Mining Co Vs Mager - Citation 93488 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '93488', 'acts' => null, 'appealno' => '255 U.S. 522', 'appellant' => 'Eldorado Coal and Mining Co.', 'authreffered' => null, 'casename' => 'Eldorado Coal and Mining Co. Vs. Mager', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1921-03-28', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Eldorado Coal & Mining Co. v. Mager - 255 U.S. 522 (1921) <br/> <span> U.S. Supreme Court Eldorado Coal & Mining Co. v. Mager, 255 U.S. 522 (1921) </span> <p> <b> Eldorado Coal & Mining Co. v. Mager </b> </p> <p> <b> No. 609 </b> </p> <p> <b> Argued January 12, 1921 </b> </p> <p> <b> Decided March 28, 1921 </b> </p> <p> <b> 255 U.S. 522 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE DISTRICT COURT OF THE UNITED STATES </em> </p> <p> <em> FOR THE NORTHERN DISTRICT OF ILLINOIS </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> A mining corporation, upon a sale of its mine and plant in 1917, realized a profit representing an appreciation in their value since March 1, 1913. <em> Held </em> that the increase was taxable as income. P. <span> <a href="/case/93488/eldorado-coal-mining-co-vs-mager#526"> 255 U. S. 526 </a> </span> . <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a href="/case/78875/merchants-loan-trust-co-vs-smietanka"> 255 U. S. 509 </a> </span> . </p> <p> Affirmed. </p> <p> The case is stated in the opinion. </p> <p> <a class="page-number" id="525"> Page 255 U. S. 525 </a> </p> <p> </p> <p> MR. JUSTICE CLARKE delivered the opinion of the Court. </p> <p> This case comes into this Court on a writ of error to review a judgment of the District Court of the United States for the Northern District of Illinois sustaining a demurrer to a declaration in assumpsit to recover an assessment of income and excess profits taxes for the year 1917 under warrant of the Income Tax Act of Congress approved September 8, 1916 (39 Stat. c. 463, p. 756) as amended by the act approved October 3, 1917, c. 63, 40 Stat. 300. Payment was made under protest, and the claim to recover is based upon the same contention dealt with in No. 608, <span> <a href="/case/78875/merchants-loan-trust-co-vs-smietanka"> 255 U. S. 509 </a> </span> , that the fund taxed was not "income" within the scope of the Sixteenth Amendment to the Constitution of the United States, and that the effect given by the lower court to the act renders it unconstitutional and void. </p> <p> The Eldorado Coal & Mining Company is an Indiana </p> <p> <a class="page-number" id="526"> Page 255 U. S. 526 </a> </p> <p> corporation which operated a bituminous coal mine and mining plant which it sold in May, 1917, for cash. The company retained its accounts receivable and, prior to September 30, 1917, it distributed among its stockholders, proportionately to their ownership of stocks, the cash received from the sale, and the accounts receivable in kind. The corporation, however, was not dissolved, nor its charter surrendered, because there were unsettled liabilities against it for federal income taxes and excess profit taxes. Otherwise, its affairs were wound up. </p> <p> It is averred in the declaration that, taking the fair market value as of March 1, 1913, of the capital assets of the company invested and employed in its business, and adding thereto the cost of additions and betterments, and subtracting depreciation and depletion to the date of sale, it appears that there was an appreciation in value of the property after March 1, 1913, of $5,986.02, and it was on this profit realized by the sale that the assessment of $3,073.16 was made which the company paid, and in this suit seeks to recover. </p> <p> It is obvious from this statement of the case that it presents in so nearly the same form precisely the same questions as were considered in No. 608, <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a href="/case/78875/merchants-loan-trust-co-vs-smietanka"> 255 U. S. 509 </a> </span> , that further discussion of them is unnecessary, and, on the authority of that case, the judgment of the district court is </p> <p> <em> Affirmed. </em> </p> <p> MR. JUSTICE HOLMES and MR. JUSTICE BRANDEIS, because of prior decisions of the Court, concur only in the judgment. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Mager', 'sub' => null, 'link' => '/cases/federal/us/255/522/', 'circuit' => null ) ), 'casename_url' => 'eldorado-coal-mining-co-vs-mager', 'args' => array( (int) 0 => '93488', (int) 1 => 'eldorado-coal-mining-co-vs-mager' ) ) $title_for_layout = 'Eldorado Coal and Mining Co Vs Mager - Citation 93488 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '93488', 'acts' => null, 'appealno' => '255 U.S. 522', 'appellant' => 'Eldorado Coal and Mining Co.', 'authreffered' => null, 'casename' => 'Eldorado Coal and Mining Co. Vs. Mager', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1921-03-28', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Eldorado Coal & Mining Co. v. Mager - 255 U.S. 522 (1921) <br/> <span> U.S. Supreme Court Eldorado Coal & Mining Co. v. Mager, 255 U.S. 522 (1921) </span> <p> <b> Eldorado Coal & Mining Co. v. Mager </b> </p> <p> <b> No. 609 </b> </p> <p> <b> Argued January 12, 1921 </b> </p> <p> <b> Decided March 28, 1921 </b> </p> <p> <b> 255 U.S. 522 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE DISTRICT COURT OF THE UNITED STATES </em> </p> <p> <em> FOR THE NORTHERN DISTRICT OF ILLINOIS </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> A mining corporation, upon a sale of its mine and plant in 1917, realized a profit representing an appreciation in their value since March 1, 1913. <em> Held </em> that the increase was taxable as income. P. <span> <a> 255 U. S. 526 </a> </span> . <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a> 255 U. S. 509 </a> </span> . </p> <p> Affirmed. </p> <p> The case is stated in the opinion. </p> <p> <a> Page 255 U. S. 525 </a> </p> <p> </p> <p> MR. JUSTICE CLARKE delivered the opinion of the Court. </p> <p> This case comes into this Court on a writ of error to review a judgment of the District Court of the United States for the Northern District of Illinois sustaining a demurrer to a declaration in assumpsit to recover an assessment of income and excess profits taxes for the year 1917 under warrant of the Income Tax Act of Congress approved September 8, 1916 (39 Stat. c. 463, p. 756) as amended by the act approved October 3, 1917, c. 63, 40 Stat. 300. Payment was made under protest, and the claim to recover is based upon the same contention dealt with in No. 608, <span> <a> 255 U. S. 509 </a> </span> , that the fund taxed was not "income" within the scope of the Sixteenth Amendment to the Constitution of the United States, and that the effect given by the lower court to the act renders it unconstitutional and void. </p> <p> The Eldorado Coal & Mining Company is an Indiana </p> <p> <a> Page 255 U. S. 526 </a> </p> <p> corporation which operated a bituminous coal mine and mining plant which it sold in May, 1917, for cash. The company retained its accounts receivable and, prior to September 30, 1917, it distributed among its stockholders, proportionately to their ownership of stocks, the cash received from the sale, and the accounts receivable in kind. The corporation, however, was not dissolved, nor its charter surrendered, because there were unsettled liabilities against it for federal income taxes and excess profit taxes. Otherwise, its affairs were wound up. </p> <p> It is averred in the declaration that, taking the fair market value as of March 1, 1913, of the capital assets of the company invested and employed in its business, and adding thereto the cost of additions and betterments, and subtracting depreciation and depletion to the date of sale, it appears that there was an appreciation in value of the property after March 1, 1913, of $5,986.02, and it was on this profit realized by the sale that the assessment of $3,073.16 was made which the company paid, and in this suit seeks to recover. </p> <p> It is obvious from this statement of the case that it presents in so nearly the same form precisely the same questions as were considered in No. 608, <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a> 255 U. S. 509 </a> </span> , that further discussion of them is unnecessary, and, on the authority of that case, the judgment of the district court is </p> <p> <em> Affirmed. </em> </p> <p> MR. JUSTICE HOLMES and MR. JUSTICE BRANDEIS, because of prior decisions of the Court, concur only in the judgment. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Mager', 'sub' => null, 'link' => '/cases/federal/us/255/522/', 'circuit' => null ) ) $casename_url = 'eldorado-coal-mining-co-vs-mager' $args = array( (int) 0 => '93488', (int) 1 => 'eldorado-coal-mining-co-vs-mager' ) $url = 'https://sooperkanoon.com/case/amp/93488/eldorado-coal-mining-co-vs-mager' $ctype = '' $date = array( (int) 0 => 'Mar', (int) 1 => '28', (int) 2 => '1921' ) $content = array( (int) 0 => '<html><head></head><body><div> Eldorado Coal & Mining Co. v. Mager - 255 U.S. 522 (1921) <br/> <span> U.S. Supreme Court Eldorado Coal & Mining Co. v. Mager, 255 U.S. 522 (1921) </span> <p> <b> Eldorado Coal & Mining Co. v. Mager </b> ', (int) 1 => ' <p> <b> No. 609 </b> ', (int) 2 => ' <p> <b> Argued January 12, 1921 </b> ', (int) 3 => ' <p> <b> Decided March 28, 1921 </b> ', (int) 4 => ' <p> <b> 255 U.S. 522 </b> ', (int) 5 => ' <p> <b> </b> ', (int) 6 => ' <p> <em> ERROR TO THE DISTRICT COURT OF THE UNITED STATES </em> ', (int) 7 => ' <p> <em> FOR THE NORTHERN DISTRICT OF ILLINOIS </em> ', (int) 8 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 9 => ' <p> A mining corporation, upon a sale of its mine and plant in 1917, realized a profit representing an appreciation in their value since March 1, 1913. <em> Held </em> that the increase was taxable as income. P. <span> <a> 255 U. S. 526 </a> </span> . <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a> 255 U. S. 509 </a> </span> . ', (int) 10 => ' <p> Affirmed. ', (int) 11 => ' <p> The case is stated in the opinion. ', (int) 12 => ' <p> <a> Page 255 U. S. 525 </a> ', (int) 13 => ' <p> ', (int) 14 => ' <p> MR. JUSTICE CLARKE delivered the opinion of the Court. ', (int) 15 => ' <p> This case comes into this Court on a writ of error to review a judgment of the District Court of the United States for the Northern District of Illinois sustaining a demurrer to a declaration in assumpsit to recover an assessment of income and excess profits taxes for the year 1917 under warrant of the Income Tax Act of Congress approved September 8, 1916 (39 Stat. c. 463, p. 756) as amended by the act approved October 3, 1917, c. 63, 40 Stat. 300. Payment was made under protest, and the claim to recover is based upon the same contention dealt with in No. 608, <span> <a> 255 U. S. 509 </a> </span> , that the fund taxed was not "income" within the scope of the Sixteenth Amendment to the Constitution of the United States, and that the effect given by the lower court to the act renders it unconstitutional and void. ', (int) 16 => ' <p> The Eldorado Coal & Mining Company is an Indiana ', (int) 17 => ' <p> <a> Page 255 U. S. 526 </a> ', (int) 18 => ' <p> corporation which operated a bituminous coal mine and mining plant which it sold in May, 1917, for cash. The company retained its accounts receivable and, prior to September 30, 1917, it distributed among its stockholders, proportionately to their ownership of stocks, the cash received from the sale, and the accounts receivable in kind. The corporation, however, was not dissolved, nor its charter surrendered, because there were unsettled liabilities against it for federal income taxes and excess profit taxes. Otherwise, its affairs were wound up. ', (int) 19 => ' <p> It is averred in the declaration that, taking the fair market value as of March 1, 1913, of the capital assets of the company invested and employed in its business, and adding thereto the cost of additions and betterments, and subtracting depreciation and depletion to the date of sale, it appears that there was an appreciation in value of the property after March 1, 1913, of $5,986.02, and it was on this profit realized by the sale that the assessment of $3,073.16 was made which the company paid, and in this suit seeks to recover. ', (int) 20 => ' <p> It is obvious from this statement of the case that it presents in so nearly the same form precisely the same questions as were considered in No. 608, <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a> 255 U. S. 509 </a> </span> , that further discussion of them is unnecessary, and, on the authority of that case, the judgment of the district court is ', (int) 21 => ' <p> <em> Affirmed. </em> ', (int) 22 => ' <p> MR. JUSTICE HOLMES and MR. JUSTICE BRANDEIS, because of prior decisions of the Court, concur only in the judgment. ', (int) 23 => ' <br/> <br/> </div></body></html>' ) $paragraphAfter = (int) 1 $cnt = (int) 24 $i = (int) 11include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
The case is stated in the opinion.
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Eldorado Coal and Mining Co Vs Mager - Citation 93488 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '93488', 'acts' => null, 'appealno' => '255 U.S. 522', 'appellant' => 'Eldorado Coal and Mining Co.', 'authreffered' => null, 'casename' => 'Eldorado Coal and Mining Co. Vs. Mager', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1921-03-28', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Eldorado Coal & Mining Co. v. Mager - 255 U.S. 522 (1921) <br/> <span> U.S. Supreme Court Eldorado Coal & Mining Co. v. Mager, 255 U.S. 522 (1921) </span> <p> <b> Eldorado Coal & Mining Co. v. Mager </b> </p> <p> <b> No. 609 </b> </p> <p> <b> Argued January 12, 1921 </b> </p> <p> <b> Decided March 28, 1921 </b> </p> <p> <b> 255 U.S. 522 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE DISTRICT COURT OF THE UNITED STATES </em> </p> <p> <em> FOR THE NORTHERN DISTRICT OF ILLINOIS </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> A mining corporation, upon a sale of its mine and plant in 1917, realized a profit representing an appreciation in their value since March 1, 1913. <em> Held </em> that the increase was taxable as income. P. <span> <a href="/case/93488/eldorado-coal-mining-co-vs-mager#526"> 255 U. S. 526 </a> </span> . <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a href="/case/78875/merchants-loan-trust-co-vs-smietanka"> 255 U. S. 509 </a> </span> . </p> <p> Affirmed. </p> <p> The case is stated in the opinion. </p> <p> <a class="page-number" id="525"> Page 255 U. S. 525 </a> </p> <p> </p> <p> MR. JUSTICE CLARKE delivered the opinion of the Court. </p> <p> This case comes into this Court on a writ of error to review a judgment of the District Court of the United States for the Northern District of Illinois sustaining a demurrer to a declaration in assumpsit to recover an assessment of income and excess profits taxes for the year 1917 under warrant of the Income Tax Act of Congress approved September 8, 1916 (39 Stat. c. 463, p. 756) as amended by the act approved October 3, 1917, c. 63, 40 Stat. 300. Payment was made under protest, and the claim to recover is based upon the same contention dealt with in No. 608, <span> <a href="/case/78875/merchants-loan-trust-co-vs-smietanka"> 255 U. S. 509 </a> </span> , that the fund taxed was not "income" within the scope of the Sixteenth Amendment to the Constitution of the United States, and that the effect given by the lower court to the act renders it unconstitutional and void. </p> <p> The Eldorado Coal & Mining Company is an Indiana </p> <p> <a class="page-number" id="526"> Page 255 U. S. 526 </a> </p> <p> corporation which operated a bituminous coal mine and mining plant which it sold in May, 1917, for cash. The company retained its accounts receivable and, prior to September 30, 1917, it distributed among its stockholders, proportionately to their ownership of stocks, the cash received from the sale, and the accounts receivable in kind. The corporation, however, was not dissolved, nor its charter surrendered, because there were unsettled liabilities against it for federal income taxes and excess profit taxes. Otherwise, its affairs were wound up. </p> <p> It is averred in the declaration that, taking the fair market value as of March 1, 1913, of the capital assets of the company invested and employed in its business, and adding thereto the cost of additions and betterments, and subtracting depreciation and depletion to the date of sale, it appears that there was an appreciation in value of the property after March 1, 1913, of $5,986.02, and it was on this profit realized by the sale that the assessment of $3,073.16 was made which the company paid, and in this suit seeks to recover. </p> <p> It is obvious from this statement of the case that it presents in so nearly the same form precisely the same questions as were considered in No. 608, <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a href="/case/78875/merchants-loan-trust-co-vs-smietanka"> 255 U. S. 509 </a> </span> , that further discussion of them is unnecessary, and, on the authority of that case, the judgment of the district court is </p> <p> <em> Affirmed. </em> </p> <p> MR. JUSTICE HOLMES and MR. JUSTICE BRANDEIS, because of prior decisions of the Court, concur only in the judgment. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Mager', 'sub' => null, 'link' => '/cases/federal/us/255/522/', 'circuit' => null ) ), 'casename_url' => 'eldorado-coal-mining-co-vs-mager', 'args' => array( (int) 0 => '93488', (int) 1 => 'eldorado-coal-mining-co-vs-mager' ) ) $title_for_layout = 'Eldorado Coal and Mining Co Vs Mager - Citation 93488 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '93488', 'acts' => null, 'appealno' => '255 U.S. 522', 'appellant' => 'Eldorado Coal and Mining Co.', 'authreffered' => null, 'casename' => 'Eldorado Coal and Mining Co. Vs. Mager', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1921-03-28', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Eldorado Coal & Mining Co. v. Mager - 255 U.S. 522 (1921) <br/> <span> U.S. Supreme Court Eldorado Coal & Mining Co. v. Mager, 255 U.S. 522 (1921) </span> <p> <b> Eldorado Coal & Mining Co. v. Mager </b> </p> <p> <b> No. 609 </b> </p> <p> <b> Argued January 12, 1921 </b> </p> <p> <b> Decided March 28, 1921 </b> </p> <p> <b> 255 U.S. 522 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE DISTRICT COURT OF THE UNITED STATES </em> </p> <p> <em> FOR THE NORTHERN DISTRICT OF ILLINOIS </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> A mining corporation, upon a sale of its mine and plant in 1917, realized a profit representing an appreciation in their value since March 1, 1913. <em> Held </em> that the increase was taxable as income. P. <span> <a> 255 U. S. 526 </a> </span> . <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a> 255 U. S. 509 </a> </span> . </p> <p> Affirmed. </p> <p> The case is stated in the opinion. </p> <p> <a> Page 255 U. S. 525 </a> </p> <p> </p> <p> MR. JUSTICE CLARKE delivered the opinion of the Court. </p> <p> This case comes into this Court on a writ of error to review a judgment of the District Court of the United States for the Northern District of Illinois sustaining a demurrer to a declaration in assumpsit to recover an assessment of income and excess profits taxes for the year 1917 under warrant of the Income Tax Act of Congress approved September 8, 1916 (39 Stat. c. 463, p. 756) as amended by the act approved October 3, 1917, c. 63, 40 Stat. 300. Payment was made under protest, and the claim to recover is based upon the same contention dealt with in No. 608, <span> <a> 255 U. S. 509 </a> </span> , that the fund taxed was not "income" within the scope of the Sixteenth Amendment to the Constitution of the United States, and that the effect given by the lower court to the act renders it unconstitutional and void. </p> <p> The Eldorado Coal & Mining Company is an Indiana </p> <p> <a> Page 255 U. S. 526 </a> </p> <p> corporation which operated a bituminous coal mine and mining plant which it sold in May, 1917, for cash. The company retained its accounts receivable and, prior to September 30, 1917, it distributed among its stockholders, proportionately to their ownership of stocks, the cash received from the sale, and the accounts receivable in kind. The corporation, however, was not dissolved, nor its charter surrendered, because there were unsettled liabilities against it for federal income taxes and excess profit taxes. Otherwise, its affairs were wound up. </p> <p> It is averred in the declaration that, taking the fair market value as of March 1, 1913, of the capital assets of the company invested and employed in its business, and adding thereto the cost of additions and betterments, and subtracting depreciation and depletion to the date of sale, it appears that there was an appreciation in value of the property after March 1, 1913, of $5,986.02, and it was on this profit realized by the sale that the assessment of $3,073.16 was made which the company paid, and in this suit seeks to recover. </p> <p> It is obvious from this statement of the case that it presents in so nearly the same form precisely the same questions as were considered in No. 608, <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a> 255 U. S. 509 </a> </span> , that further discussion of them is unnecessary, and, on the authority of that case, the judgment of the district court is </p> <p> <em> Affirmed. </em> </p> <p> MR. JUSTICE HOLMES and MR. JUSTICE BRANDEIS, because of prior decisions of the Court, concur only in the judgment. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Mager', 'sub' => null, 'link' => '/cases/federal/us/255/522/', 'circuit' => null ) ) $casename_url = 'eldorado-coal-mining-co-vs-mager' $args = array( (int) 0 => '93488', (int) 1 => 'eldorado-coal-mining-co-vs-mager' ) $url = 'https://sooperkanoon.com/case/amp/93488/eldorado-coal-mining-co-vs-mager' $ctype = '' $date = array( (int) 0 => 'Mar', (int) 1 => '28', (int) 2 => '1921' ) $content = array( (int) 0 => '<html><head></head><body><div> Eldorado Coal & Mining Co. v. Mager - 255 U.S. 522 (1921) <br/> <span> U.S. Supreme Court Eldorado Coal & Mining Co. v. Mager, 255 U.S. 522 (1921) </span> <p> <b> Eldorado Coal & Mining Co. v. Mager </b> ', (int) 1 => ' <p> <b> No. 609 </b> ', (int) 2 => ' <p> <b> Argued January 12, 1921 </b> ', (int) 3 => ' <p> <b> Decided March 28, 1921 </b> ', (int) 4 => ' <p> <b> 255 U.S. 522 </b> ', (int) 5 => ' <p> <b> </b> ', (int) 6 => ' <p> <em> ERROR TO THE DISTRICT COURT OF THE UNITED STATES </em> ', (int) 7 => ' <p> <em> FOR THE NORTHERN DISTRICT OF ILLINOIS </em> ', (int) 8 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 9 => ' <p> A mining corporation, upon a sale of its mine and plant in 1917, realized a profit representing an appreciation in their value since March 1, 1913. <em> Held </em> that the increase was taxable as income. P. <span> <a> 255 U. S. 526 </a> </span> . <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a> 255 U. S. 509 </a> </span> . ', (int) 10 => ' <p> Affirmed. ', (int) 11 => ' <p> The case is stated in the opinion. ', (int) 12 => ' <p> <a> Page 255 U. S. 525 </a> ', (int) 13 => ' <p> ', (int) 14 => ' <p> MR. JUSTICE CLARKE delivered the opinion of the Court. ', (int) 15 => ' <p> This case comes into this Court on a writ of error to review a judgment of the District Court of the United States for the Northern District of Illinois sustaining a demurrer to a declaration in assumpsit to recover an assessment of income and excess profits taxes for the year 1917 under warrant of the Income Tax Act of Congress approved September 8, 1916 (39 Stat. c. 463, p. 756) as amended by the act approved October 3, 1917, c. 63, 40 Stat. 300. Payment was made under protest, and the claim to recover is based upon the same contention dealt with in No. 608, <span> <a> 255 U. S. 509 </a> </span> , that the fund taxed was not "income" within the scope of the Sixteenth Amendment to the Constitution of the United States, and that the effect given by the lower court to the act renders it unconstitutional and void. ', (int) 16 => ' <p> The Eldorado Coal & Mining Company is an Indiana ', (int) 17 => ' <p> <a> Page 255 U. S. 526 </a> ', (int) 18 => ' <p> corporation which operated a bituminous coal mine and mining plant which it sold in May, 1917, for cash. The company retained its accounts receivable and, prior to September 30, 1917, it distributed among its stockholders, proportionately to their ownership of stocks, the cash received from the sale, and the accounts receivable in kind. The corporation, however, was not dissolved, nor its charter surrendered, because there were unsettled liabilities against it for federal income taxes and excess profit taxes. Otherwise, its affairs were wound up. ', (int) 19 => ' <p> It is averred in the declaration that, taking the fair market value as of March 1, 1913, of the capital assets of the company invested and employed in its business, and adding thereto the cost of additions and betterments, and subtracting depreciation and depletion to the date of sale, it appears that there was an appreciation in value of the property after March 1, 1913, of $5,986.02, and it was on this profit realized by the sale that the assessment of $3,073.16 was made which the company paid, and in this suit seeks to recover. ', (int) 20 => ' <p> It is obvious from this statement of the case that it presents in so nearly the same form precisely the same questions as were considered in No. 608, <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a> 255 U. S. 509 </a> </span> , that further discussion of them is unnecessary, and, on the authority of that case, the judgment of the district court is ', (int) 21 => ' <p> <em> Affirmed. </em> ', (int) 22 => ' <p> MR. JUSTICE HOLMES and MR. JUSTICE BRANDEIS, because of prior decisions of the Court, concur only in the judgment. ', (int) 23 => ' <br/> <br/> </div></body></html>' ) $paragraphAfter = (int) 1 $cnt = (int) 24 $i = (int) 12include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Eldorado Coal and Mining Co Vs Mager - Citation 93488 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '93488', 'acts' => null, 'appealno' => '255 U.S. 522', 'appellant' => 'Eldorado Coal and Mining Co.', 'authreffered' => null, 'casename' => 'Eldorado Coal and Mining Co. Vs. Mager', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1921-03-28', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Eldorado Coal & Mining Co. v. Mager - 255 U.S. 522 (1921) <br/> <span> U.S. Supreme Court Eldorado Coal & Mining Co. v. Mager, 255 U.S. 522 (1921) </span> <p> <b> Eldorado Coal & Mining Co. v. Mager </b> </p> <p> <b> No. 609 </b> </p> <p> <b> Argued January 12, 1921 </b> </p> <p> <b> Decided March 28, 1921 </b> </p> <p> <b> 255 U.S. 522 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE DISTRICT COURT OF THE UNITED STATES </em> </p> <p> <em> FOR THE NORTHERN DISTRICT OF ILLINOIS </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> A mining corporation, upon a sale of its mine and plant in 1917, realized a profit representing an appreciation in their value since March 1, 1913. <em> Held </em> that the increase was taxable as income. P. <span> <a href="/case/93488/eldorado-coal-mining-co-vs-mager#526"> 255 U. S. 526 </a> </span> . <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a href="/case/78875/merchants-loan-trust-co-vs-smietanka"> 255 U. S. 509 </a> </span> . </p> <p> Affirmed. </p> <p> The case is stated in the opinion. </p> <p> <a class="page-number" id="525"> Page 255 U. S. 525 </a> </p> <p> </p> <p> MR. JUSTICE CLARKE delivered the opinion of the Court. </p> <p> This case comes into this Court on a writ of error to review a judgment of the District Court of the United States for the Northern District of Illinois sustaining a demurrer to a declaration in assumpsit to recover an assessment of income and excess profits taxes for the year 1917 under warrant of the Income Tax Act of Congress approved September 8, 1916 (39 Stat. c. 463, p. 756) as amended by the act approved October 3, 1917, c. 63, 40 Stat. 300. Payment was made under protest, and the claim to recover is based upon the same contention dealt with in No. 608, <span> <a href="/case/78875/merchants-loan-trust-co-vs-smietanka"> 255 U. S. 509 </a> </span> , that the fund taxed was not "income" within the scope of the Sixteenth Amendment to the Constitution of the United States, and that the effect given by the lower court to the act renders it unconstitutional and void. </p> <p> The Eldorado Coal & Mining Company is an Indiana </p> <p> <a class="page-number" id="526"> Page 255 U. S. 526 </a> </p> <p> corporation which operated a bituminous coal mine and mining plant which it sold in May, 1917, for cash. The company retained its accounts receivable and, prior to September 30, 1917, it distributed among its stockholders, proportionately to their ownership of stocks, the cash received from the sale, and the accounts receivable in kind. The corporation, however, was not dissolved, nor its charter surrendered, because there were unsettled liabilities against it for federal income taxes and excess profit taxes. Otherwise, its affairs were wound up. </p> <p> It is averred in the declaration that, taking the fair market value as of March 1, 1913, of the capital assets of the company invested and employed in its business, and adding thereto the cost of additions and betterments, and subtracting depreciation and depletion to the date of sale, it appears that there was an appreciation in value of the property after March 1, 1913, of $5,986.02, and it was on this profit realized by the sale that the assessment of $3,073.16 was made which the company paid, and in this suit seeks to recover. </p> <p> It is obvious from this statement of the case that it presents in so nearly the same form precisely the same questions as were considered in No. 608, <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a href="/case/78875/merchants-loan-trust-co-vs-smietanka"> 255 U. S. 509 </a> </span> , that further discussion of them is unnecessary, and, on the authority of that case, the judgment of the district court is </p> <p> <em> Affirmed. </em> </p> <p> MR. JUSTICE HOLMES and MR. JUSTICE BRANDEIS, because of prior decisions of the Court, concur only in the judgment. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Mager', 'sub' => null, 'link' => '/cases/federal/us/255/522/', 'circuit' => null ) ), 'casename_url' => 'eldorado-coal-mining-co-vs-mager', 'args' => array( (int) 0 => '93488', (int) 1 => 'eldorado-coal-mining-co-vs-mager' ) ) $title_for_layout = 'Eldorado Coal and Mining Co Vs Mager - Citation 93488 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '93488', 'acts' => null, 'appealno' => '255 U.S. 522', 'appellant' => 'Eldorado Coal and Mining Co.', 'authreffered' => null, 'casename' => 'Eldorado Coal and Mining Co. Vs. Mager', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1921-03-28', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Eldorado Coal & Mining Co. v. Mager - 255 U.S. 522 (1921) <br/> <span> U.S. Supreme Court Eldorado Coal & Mining Co. v. Mager, 255 U.S. 522 (1921) </span> <p> <b> Eldorado Coal & Mining Co. v. Mager </b> </p> <p> <b> No. 609 </b> </p> <p> <b> Argued January 12, 1921 </b> </p> <p> <b> Decided March 28, 1921 </b> </p> <p> <b> 255 U.S. 522 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE DISTRICT COURT OF THE UNITED STATES </em> </p> <p> <em> FOR THE NORTHERN DISTRICT OF ILLINOIS </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> A mining corporation, upon a sale of its mine and plant in 1917, realized a profit representing an appreciation in their value since March 1, 1913. <em> Held </em> that the increase was taxable as income. P. <span> <a> 255 U. S. 526 </a> </span> . <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a> 255 U. S. 509 </a> </span> . </p> <p> Affirmed. </p> <p> The case is stated in the opinion. </p> <p> <a> Page 255 U. S. 525 </a> </p> <p> </p> <p> MR. JUSTICE CLARKE delivered the opinion of the Court. </p> <p> This case comes into this Court on a writ of error to review a judgment of the District Court of the United States for the Northern District of Illinois sustaining a demurrer to a declaration in assumpsit to recover an assessment of income and excess profits taxes for the year 1917 under warrant of the Income Tax Act of Congress approved September 8, 1916 (39 Stat. c. 463, p. 756) as amended by the act approved October 3, 1917, c. 63, 40 Stat. 300. Payment was made under protest, and the claim to recover is based upon the same contention dealt with in No. 608, <span> <a> 255 U. S. 509 </a> </span> , that the fund taxed was not "income" within the scope of the Sixteenth Amendment to the Constitution of the United States, and that the effect given by the lower court to the act renders it unconstitutional and void. </p> <p> The Eldorado Coal & Mining Company is an Indiana </p> <p> <a> Page 255 U. S. 526 </a> </p> <p> corporation which operated a bituminous coal mine and mining plant which it sold in May, 1917, for cash. The company retained its accounts receivable and, prior to September 30, 1917, it distributed among its stockholders, proportionately to their ownership of stocks, the cash received from the sale, and the accounts receivable in kind. The corporation, however, was not dissolved, nor its charter surrendered, because there were unsettled liabilities against it for federal income taxes and excess profit taxes. Otherwise, its affairs were wound up. </p> <p> It is averred in the declaration that, taking the fair market value as of March 1, 1913, of the capital assets of the company invested and employed in its business, and adding thereto the cost of additions and betterments, and subtracting depreciation and depletion to the date of sale, it appears that there was an appreciation in value of the property after March 1, 1913, of $5,986.02, and it was on this profit realized by the sale that the assessment of $3,073.16 was made which the company paid, and in this suit seeks to recover. </p> <p> It is obvious from this statement of the case that it presents in so nearly the same form precisely the same questions as were considered in No. 608, <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a> 255 U. S. 509 </a> </span> , that further discussion of them is unnecessary, and, on the authority of that case, the judgment of the district court is </p> <p> <em> Affirmed. </em> </p> <p> MR. JUSTICE HOLMES and MR. JUSTICE BRANDEIS, because of prior decisions of the Court, concur only in the judgment. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Mager', 'sub' => null, 'link' => '/cases/federal/us/255/522/', 'circuit' => null ) ) $casename_url = 'eldorado-coal-mining-co-vs-mager' $args = array( (int) 0 => '93488', (int) 1 => 'eldorado-coal-mining-co-vs-mager' ) $url = 'https://sooperkanoon.com/case/amp/93488/eldorado-coal-mining-co-vs-mager' $ctype = '' $date = array( (int) 0 => 'Mar', (int) 1 => '28', (int) 2 => '1921' ) $content = array( (int) 0 => '<html><head></head><body><div> Eldorado Coal & Mining Co. v. Mager - 255 U.S. 522 (1921) <br/> <span> U.S. Supreme Court Eldorado Coal & Mining Co. v. Mager, 255 U.S. 522 (1921) </span> <p> <b> Eldorado Coal & Mining Co. v. Mager </b> ', (int) 1 => ' <p> <b> No. 609 </b> ', (int) 2 => ' <p> <b> Argued January 12, 1921 </b> ', (int) 3 => ' <p> <b> Decided March 28, 1921 </b> ', (int) 4 => ' <p> <b> 255 U.S. 522 </b> ', (int) 5 => ' <p> <b> </b> ', (int) 6 => ' <p> <em> ERROR TO THE DISTRICT COURT OF THE UNITED STATES </em> ', (int) 7 => ' <p> <em> FOR THE NORTHERN DISTRICT OF ILLINOIS </em> ', (int) 8 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 9 => ' <p> A mining corporation, upon a sale of its mine and plant in 1917, realized a profit representing an appreciation in their value since March 1, 1913. <em> Held </em> that the increase was taxable as income. P. <span> <a> 255 U. S. 526 </a> </span> . <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a> 255 U. S. 509 </a> </span> . ', (int) 10 => ' <p> Affirmed. ', (int) 11 => ' <p> The case is stated in the opinion. ', (int) 12 => ' <p> <a> Page 255 U. S. 525 </a> ', (int) 13 => ' <p> ', (int) 14 => ' <p> MR. JUSTICE CLARKE delivered the opinion of the Court. ', (int) 15 => ' <p> This case comes into this Court on a writ of error to review a judgment of the District Court of the United States for the Northern District of Illinois sustaining a demurrer to a declaration in assumpsit to recover an assessment of income and excess profits taxes for the year 1917 under warrant of the Income Tax Act of Congress approved September 8, 1916 (39 Stat. c. 463, p. 756) as amended by the act approved October 3, 1917, c. 63, 40 Stat. 300. Payment was made under protest, and the claim to recover is based upon the same contention dealt with in No. 608, <span> <a> 255 U. S. 509 </a> </span> , that the fund taxed was not "income" within the scope of the Sixteenth Amendment to the Constitution of the United States, and that the effect given by the lower court to the act renders it unconstitutional and void. ', (int) 16 => ' <p> The Eldorado Coal & Mining Company is an Indiana ', (int) 17 => ' <p> <a> Page 255 U. S. 526 </a> ', (int) 18 => ' <p> corporation which operated a bituminous coal mine and mining plant which it sold in May, 1917, for cash. The company retained its accounts receivable and, prior to September 30, 1917, it distributed among its stockholders, proportionately to their ownership of stocks, the cash received from the sale, and the accounts receivable in kind. The corporation, however, was not dissolved, nor its charter surrendered, because there were unsettled liabilities against it for federal income taxes and excess profit taxes. Otherwise, its affairs were wound up. ', (int) 19 => ' <p> It is averred in the declaration that, taking the fair market value as of March 1, 1913, of the capital assets of the company invested and employed in its business, and adding thereto the cost of additions and betterments, and subtracting depreciation and depletion to the date of sale, it appears that there was an appreciation in value of the property after March 1, 1913, of $5,986.02, and it was on this profit realized by the sale that the assessment of $3,073.16 was made which the company paid, and in this suit seeks to recover. ', (int) 20 => ' <p> It is obvious from this statement of the case that it presents in so nearly the same form precisely the same questions as were considered in No. 608, <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a> 255 U. S. 509 </a> </span> , that further discussion of them is unnecessary, and, on the authority of that case, the judgment of the district court is ', (int) 21 => ' <p> <em> Affirmed. </em> ', (int) 22 => ' <p> MR. JUSTICE HOLMES and MR. JUSTICE BRANDEIS, because of prior decisions of the Court, concur only in the judgment. ', (int) 23 => ' <br/> <br/> </div></body></html>' ) $paragraphAfter = (int) 1 $cnt = (int) 24 $i = (int) 13include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Eldorado Coal and Mining Co Vs Mager - Citation 93488 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '93488', 'acts' => null, 'appealno' => '255 U.S. 522', 'appellant' => 'Eldorado Coal and Mining Co.', 'authreffered' => null, 'casename' => 'Eldorado Coal and Mining Co. Vs. Mager', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1921-03-28', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Eldorado Coal & Mining Co. v. Mager - 255 U.S. 522 (1921) <br/> <span> U.S. Supreme Court Eldorado Coal & Mining Co. v. Mager, 255 U.S. 522 (1921) </span> <p> <b> Eldorado Coal & Mining Co. v. Mager </b> </p> <p> <b> No. 609 </b> </p> <p> <b> Argued January 12, 1921 </b> </p> <p> <b> Decided March 28, 1921 </b> </p> <p> <b> 255 U.S. 522 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE DISTRICT COURT OF THE UNITED STATES </em> </p> <p> <em> FOR THE NORTHERN DISTRICT OF ILLINOIS </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> A mining corporation, upon a sale of its mine and plant in 1917, realized a profit representing an appreciation in their value since March 1, 1913. <em> Held </em> that the increase was taxable as income. P. <span> <a href="/case/93488/eldorado-coal-mining-co-vs-mager#526"> 255 U. S. 526 </a> </span> . <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a href="/case/78875/merchants-loan-trust-co-vs-smietanka"> 255 U. S. 509 </a> </span> . </p> <p> Affirmed. </p> <p> The case is stated in the opinion. </p> <p> <a class="page-number" id="525"> Page 255 U. S. 525 </a> </p> <p> </p> <p> MR. JUSTICE CLARKE delivered the opinion of the Court. </p> <p> This case comes into this Court on a writ of error to review a judgment of the District Court of the United States for the Northern District of Illinois sustaining a demurrer to a declaration in assumpsit to recover an assessment of income and excess profits taxes for the year 1917 under warrant of the Income Tax Act of Congress approved September 8, 1916 (39 Stat. c. 463, p. 756) as amended by the act approved October 3, 1917, c. 63, 40 Stat. 300. Payment was made under protest, and the claim to recover is based upon the same contention dealt with in No. 608, <span> <a href="/case/78875/merchants-loan-trust-co-vs-smietanka"> 255 U. S. 509 </a> </span> , that the fund taxed was not "income" within the scope of the Sixteenth Amendment to the Constitution of the United States, and that the effect given by the lower court to the act renders it unconstitutional and void. </p> <p> The Eldorado Coal & Mining Company is an Indiana </p> <p> <a class="page-number" id="526"> Page 255 U. S. 526 </a> </p> <p> corporation which operated a bituminous coal mine and mining plant which it sold in May, 1917, for cash. The company retained its accounts receivable and, prior to September 30, 1917, it distributed among its stockholders, proportionately to their ownership of stocks, the cash received from the sale, and the accounts receivable in kind. The corporation, however, was not dissolved, nor its charter surrendered, because there were unsettled liabilities against it for federal income taxes and excess profit taxes. Otherwise, its affairs were wound up. </p> <p> It is averred in the declaration that, taking the fair market value as of March 1, 1913, of the capital assets of the company invested and employed in its business, and adding thereto the cost of additions and betterments, and subtracting depreciation and depletion to the date of sale, it appears that there was an appreciation in value of the property after March 1, 1913, of $5,986.02, and it was on this profit realized by the sale that the assessment of $3,073.16 was made which the company paid, and in this suit seeks to recover. </p> <p> It is obvious from this statement of the case that it presents in so nearly the same form precisely the same questions as were considered in No. 608, <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a href="/case/78875/merchants-loan-trust-co-vs-smietanka"> 255 U. S. 509 </a> </span> , that further discussion of them is unnecessary, and, on the authority of that case, the judgment of the district court is </p> <p> <em> Affirmed. </em> </p> <p> MR. JUSTICE HOLMES and MR. JUSTICE BRANDEIS, because of prior decisions of the Court, concur only in the judgment. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Mager', 'sub' => null, 'link' => '/cases/federal/us/255/522/', 'circuit' => null ) ), 'casename_url' => 'eldorado-coal-mining-co-vs-mager', 'args' => array( (int) 0 => '93488', (int) 1 => 'eldorado-coal-mining-co-vs-mager' ) ) $title_for_layout = 'Eldorado Coal and Mining Co Vs Mager - Citation 93488 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '93488', 'acts' => null, 'appealno' => '255 U.S. 522', 'appellant' => 'Eldorado Coal and Mining Co.', 'authreffered' => null, 'casename' => 'Eldorado Coal and Mining Co. Vs. Mager', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1921-03-28', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Eldorado Coal & Mining Co. v. Mager - 255 U.S. 522 (1921) <br/> <span> U.S. Supreme Court Eldorado Coal & Mining Co. v. Mager, 255 U.S. 522 (1921) </span> <p> <b> Eldorado Coal & Mining Co. v. Mager </b> </p> <p> <b> No. 609 </b> </p> <p> <b> Argued January 12, 1921 </b> </p> <p> <b> Decided March 28, 1921 </b> </p> <p> <b> 255 U.S. 522 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE DISTRICT COURT OF THE UNITED STATES </em> </p> <p> <em> FOR THE NORTHERN DISTRICT OF ILLINOIS </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> A mining corporation, upon a sale of its mine and plant in 1917, realized a profit representing an appreciation in their value since March 1, 1913. <em> Held </em> that the increase was taxable as income. P. <span> <a> 255 U. S. 526 </a> </span> . <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a> 255 U. S. 509 </a> </span> . </p> <p> Affirmed. </p> <p> The case is stated in the opinion. </p> <p> <a> Page 255 U. S. 525 </a> </p> <p> </p> <p> MR. JUSTICE CLARKE delivered the opinion of the Court. </p> <p> This case comes into this Court on a writ of error to review a judgment of the District Court of the United States for the Northern District of Illinois sustaining a demurrer to a declaration in assumpsit to recover an assessment of income and excess profits taxes for the year 1917 under warrant of the Income Tax Act of Congress approved September 8, 1916 (39 Stat. c. 463, p. 756) as amended by the act approved October 3, 1917, c. 63, 40 Stat. 300. Payment was made under protest, and the claim to recover is based upon the same contention dealt with in No. 608, <span> <a> 255 U. S. 509 </a> </span> , that the fund taxed was not "income" within the scope of the Sixteenth Amendment to the Constitution of the United States, and that the effect given by the lower court to the act renders it unconstitutional and void. </p> <p> The Eldorado Coal & Mining Company is an Indiana </p> <p> <a> Page 255 U. S. 526 </a> </p> <p> corporation which operated a bituminous coal mine and mining plant which it sold in May, 1917, for cash. The company retained its accounts receivable and, prior to September 30, 1917, it distributed among its stockholders, proportionately to their ownership of stocks, the cash received from the sale, and the accounts receivable in kind. The corporation, however, was not dissolved, nor its charter surrendered, because there were unsettled liabilities against it for federal income taxes and excess profit taxes. Otherwise, its affairs were wound up. </p> <p> It is averred in the declaration that, taking the fair market value as of March 1, 1913, of the capital assets of the company invested and employed in its business, and adding thereto the cost of additions and betterments, and subtracting depreciation and depletion to the date of sale, it appears that there was an appreciation in value of the property after March 1, 1913, of $5,986.02, and it was on this profit realized by the sale that the assessment of $3,073.16 was made which the company paid, and in this suit seeks to recover. </p> <p> It is obvious from this statement of the case that it presents in so nearly the same form precisely the same questions as were considered in No. 608, <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a> 255 U. S. 509 </a> </span> , that further discussion of them is unnecessary, and, on the authority of that case, the judgment of the district court is </p> <p> <em> Affirmed. </em> </p> <p> MR. JUSTICE HOLMES and MR. JUSTICE BRANDEIS, because of prior decisions of the Court, concur only in the judgment. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Mager', 'sub' => null, 'link' => '/cases/federal/us/255/522/', 'circuit' => null ) ) $casename_url = 'eldorado-coal-mining-co-vs-mager' $args = array( (int) 0 => '93488', (int) 1 => 'eldorado-coal-mining-co-vs-mager' ) $url = 'https://sooperkanoon.com/case/amp/93488/eldorado-coal-mining-co-vs-mager' $ctype = '' $date = array( (int) 0 => 'Mar', (int) 1 => '28', (int) 2 => '1921' ) $content = array( (int) 0 => '<html><head></head><body><div> Eldorado Coal & Mining Co. v. Mager - 255 U.S. 522 (1921) <br/> <span> U.S. Supreme Court Eldorado Coal & Mining Co. v. Mager, 255 U.S. 522 (1921) </span> <p> <b> Eldorado Coal & Mining Co. v. Mager </b> ', (int) 1 => ' <p> <b> No. 609 </b> ', (int) 2 => ' <p> <b> Argued January 12, 1921 </b> ', (int) 3 => ' <p> <b> Decided March 28, 1921 </b> ', (int) 4 => ' <p> <b> 255 U.S. 522 </b> ', (int) 5 => ' <p> <b> </b> ', (int) 6 => ' <p> <em> ERROR TO THE DISTRICT COURT OF THE UNITED STATES </em> ', (int) 7 => ' <p> <em> FOR THE NORTHERN DISTRICT OF ILLINOIS </em> ', (int) 8 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 9 => ' <p> A mining corporation, upon a sale of its mine and plant in 1917, realized a profit representing an appreciation in their value since March 1, 1913. <em> Held </em> that the increase was taxable as income. P. <span> <a> 255 U. S. 526 </a> </span> . <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a> 255 U. S. 509 </a> </span> . ', (int) 10 => ' <p> Affirmed. ', (int) 11 => ' <p> The case is stated in the opinion. ', (int) 12 => ' <p> <a> Page 255 U. S. 525 </a> ', (int) 13 => ' <p> ', (int) 14 => ' <p> MR. JUSTICE CLARKE delivered the opinion of the Court. ', (int) 15 => ' <p> This case comes into this Court on a writ of error to review a judgment of the District Court of the United States for the Northern District of Illinois sustaining a demurrer to a declaration in assumpsit to recover an assessment of income and excess profits taxes for the year 1917 under warrant of the Income Tax Act of Congress approved September 8, 1916 (39 Stat. c. 463, p. 756) as amended by the act approved October 3, 1917, c. 63, 40 Stat. 300. Payment was made under protest, and the claim to recover is based upon the same contention dealt with in No. 608, <span> <a> 255 U. S. 509 </a> </span> , that the fund taxed was not "income" within the scope of the Sixteenth Amendment to the Constitution of the United States, and that the effect given by the lower court to the act renders it unconstitutional and void. ', (int) 16 => ' <p> The Eldorado Coal & Mining Company is an Indiana ', (int) 17 => ' <p> <a> Page 255 U. S. 526 </a> ', (int) 18 => ' <p> corporation which operated a bituminous coal mine and mining plant which it sold in May, 1917, for cash. The company retained its accounts receivable and, prior to September 30, 1917, it distributed among its stockholders, proportionately to their ownership of stocks, the cash received from the sale, and the accounts receivable in kind. The corporation, however, was not dissolved, nor its charter surrendered, because there were unsettled liabilities against it for federal income taxes and excess profit taxes. Otherwise, its affairs were wound up. ', (int) 19 => ' <p> It is averred in the declaration that, taking the fair market value as of March 1, 1913, of the capital assets of the company invested and employed in its business, and adding thereto the cost of additions and betterments, and subtracting depreciation and depletion to the date of sale, it appears that there was an appreciation in value of the property after March 1, 1913, of $5,986.02, and it was on this profit realized by the sale that the assessment of $3,073.16 was made which the company paid, and in this suit seeks to recover. ', (int) 20 => ' <p> It is obvious from this statement of the case that it presents in so nearly the same form precisely the same questions as were considered in No. 608, <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a> 255 U. S. 509 </a> </span> , that further discussion of them is unnecessary, and, on the authority of that case, the judgment of the district court is ', (int) 21 => ' <p> <em> Affirmed. </em> ', (int) 22 => ' <p> MR. JUSTICE HOLMES and MR. JUSTICE BRANDEIS, because of prior decisions of the Court, concur only in the judgment. ', (int) 23 => ' <br/> <br/> </div></body></html>' ) $paragraphAfter = (int) 1 $cnt = (int) 24 $i = (int) 14include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
MR. JUSTICE CLARKE delivered the opinion of the Court.
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Eldorado Coal and Mining Co Vs Mager - Citation 93488 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '93488', 'acts' => null, 'appealno' => '255 U.S. 522', 'appellant' => 'Eldorado Coal and Mining Co.', 'authreffered' => null, 'casename' => 'Eldorado Coal and Mining Co. Vs. Mager', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1921-03-28', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Eldorado Coal & Mining Co. v. Mager - 255 U.S. 522 (1921) <br/> <span> U.S. Supreme Court Eldorado Coal & Mining Co. v. Mager, 255 U.S. 522 (1921) </span> <p> <b> Eldorado Coal & Mining Co. v. Mager </b> </p> <p> <b> No. 609 </b> </p> <p> <b> Argued January 12, 1921 </b> </p> <p> <b> Decided March 28, 1921 </b> </p> <p> <b> 255 U.S. 522 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE DISTRICT COURT OF THE UNITED STATES </em> </p> <p> <em> FOR THE NORTHERN DISTRICT OF ILLINOIS </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> A mining corporation, upon a sale of its mine and plant in 1917, realized a profit representing an appreciation in their value since March 1, 1913. <em> Held </em> that the increase was taxable as income. P. <span> <a href="/case/93488/eldorado-coal-mining-co-vs-mager#526"> 255 U. S. 526 </a> </span> . <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a href="/case/78875/merchants-loan-trust-co-vs-smietanka"> 255 U. S. 509 </a> </span> . </p> <p> Affirmed. </p> <p> The case is stated in the opinion. </p> <p> <a class="page-number" id="525"> Page 255 U. S. 525 </a> </p> <p> </p> <p> MR. JUSTICE CLARKE delivered the opinion of the Court. </p> <p> This case comes into this Court on a writ of error to review a judgment of the District Court of the United States for the Northern District of Illinois sustaining a demurrer to a declaration in assumpsit to recover an assessment of income and excess profits taxes for the year 1917 under warrant of the Income Tax Act of Congress approved September 8, 1916 (39 Stat. c. 463, p. 756) as amended by the act approved October 3, 1917, c. 63, 40 Stat. 300. Payment was made under protest, and the claim to recover is based upon the same contention dealt with in No. 608, <span> <a href="/case/78875/merchants-loan-trust-co-vs-smietanka"> 255 U. S. 509 </a> </span> , that the fund taxed was not "income" within the scope of the Sixteenth Amendment to the Constitution of the United States, and that the effect given by the lower court to the act renders it unconstitutional and void. </p> <p> The Eldorado Coal & Mining Company is an Indiana </p> <p> <a class="page-number" id="526"> Page 255 U. S. 526 </a> </p> <p> corporation which operated a bituminous coal mine and mining plant which it sold in May, 1917, for cash. The company retained its accounts receivable and, prior to September 30, 1917, it distributed among its stockholders, proportionately to their ownership of stocks, the cash received from the sale, and the accounts receivable in kind. The corporation, however, was not dissolved, nor its charter surrendered, because there were unsettled liabilities against it for federal income taxes and excess profit taxes. Otherwise, its affairs were wound up. </p> <p> It is averred in the declaration that, taking the fair market value as of March 1, 1913, of the capital assets of the company invested and employed in its business, and adding thereto the cost of additions and betterments, and subtracting depreciation and depletion to the date of sale, it appears that there was an appreciation in value of the property after March 1, 1913, of $5,986.02, and it was on this profit realized by the sale that the assessment of $3,073.16 was made which the company paid, and in this suit seeks to recover. </p> <p> It is obvious from this statement of the case that it presents in so nearly the same form precisely the same questions as were considered in No. 608, <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a href="/case/78875/merchants-loan-trust-co-vs-smietanka"> 255 U. S. 509 </a> </span> , that further discussion of them is unnecessary, and, on the authority of that case, the judgment of the district court is </p> <p> <em> Affirmed. </em> </p> <p> MR. JUSTICE HOLMES and MR. JUSTICE BRANDEIS, because of prior decisions of the Court, concur only in the judgment. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Mager', 'sub' => null, 'link' => '/cases/federal/us/255/522/', 'circuit' => null ) ), 'casename_url' => 'eldorado-coal-mining-co-vs-mager', 'args' => array( (int) 0 => '93488', (int) 1 => 'eldorado-coal-mining-co-vs-mager' ) ) $title_for_layout = 'Eldorado Coal and Mining Co Vs Mager - Citation 93488 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '93488', 'acts' => null, 'appealno' => '255 U.S. 522', 'appellant' => 'Eldorado Coal and Mining Co.', 'authreffered' => null, 'casename' => 'Eldorado Coal and Mining Co. Vs. Mager', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1921-03-28', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Eldorado Coal & Mining Co. v. Mager - 255 U.S. 522 (1921) <br/> <span> U.S. Supreme Court Eldorado Coal & Mining Co. v. Mager, 255 U.S. 522 (1921) </span> <p> <b> Eldorado Coal & Mining Co. v. Mager </b> </p> <p> <b> No. 609 </b> </p> <p> <b> Argued January 12, 1921 </b> </p> <p> <b> Decided March 28, 1921 </b> </p> <p> <b> 255 U.S. 522 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE DISTRICT COURT OF THE UNITED STATES </em> </p> <p> <em> FOR THE NORTHERN DISTRICT OF ILLINOIS </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> A mining corporation, upon a sale of its mine and plant in 1917, realized a profit representing an appreciation in their value since March 1, 1913. <em> Held </em> that the increase was taxable as income. P. <span> <a> 255 U. S. 526 </a> </span> . <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a> 255 U. S. 509 </a> </span> . </p> <p> Affirmed. </p> <p> The case is stated in the opinion. </p> <p> <a> Page 255 U. S. 525 </a> </p> <p> </p> <p> MR. JUSTICE CLARKE delivered the opinion of the Court. </p> <p> This case comes into this Court on a writ of error to review a judgment of the District Court of the United States for the Northern District of Illinois sustaining a demurrer to a declaration in assumpsit to recover an assessment of income and excess profits taxes for the year 1917 under warrant of the Income Tax Act of Congress approved September 8, 1916 (39 Stat. c. 463, p. 756) as amended by the act approved October 3, 1917, c. 63, 40 Stat. 300. Payment was made under protest, and the claim to recover is based upon the same contention dealt with in No. 608, <span> <a> 255 U. S. 509 </a> </span> , that the fund taxed was not "income" within the scope of the Sixteenth Amendment to the Constitution of the United States, and that the effect given by the lower court to the act renders it unconstitutional and void. </p> <p> The Eldorado Coal & Mining Company is an Indiana </p> <p> <a> Page 255 U. S. 526 </a> </p> <p> corporation which operated a bituminous coal mine and mining plant which it sold in May, 1917, for cash. The company retained its accounts receivable and, prior to September 30, 1917, it distributed among its stockholders, proportionately to their ownership of stocks, the cash received from the sale, and the accounts receivable in kind. The corporation, however, was not dissolved, nor its charter surrendered, because there were unsettled liabilities against it for federal income taxes and excess profit taxes. Otherwise, its affairs were wound up. </p> <p> It is averred in the declaration that, taking the fair market value as of March 1, 1913, of the capital assets of the company invested and employed in its business, and adding thereto the cost of additions and betterments, and subtracting depreciation and depletion to the date of sale, it appears that there was an appreciation in value of the property after March 1, 1913, of $5,986.02, and it was on this profit realized by the sale that the assessment of $3,073.16 was made which the company paid, and in this suit seeks to recover. </p> <p> It is obvious from this statement of the case that it presents in so nearly the same form precisely the same questions as were considered in No. 608, <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a> 255 U. S. 509 </a> </span> , that further discussion of them is unnecessary, and, on the authority of that case, the judgment of the district court is </p> <p> <em> Affirmed. </em> </p> <p> MR. JUSTICE HOLMES and MR. JUSTICE BRANDEIS, because of prior decisions of the Court, concur only in the judgment. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Mager', 'sub' => null, 'link' => '/cases/federal/us/255/522/', 'circuit' => null ) ) $casename_url = 'eldorado-coal-mining-co-vs-mager' $args = array( (int) 0 => '93488', (int) 1 => 'eldorado-coal-mining-co-vs-mager' ) $url = 'https://sooperkanoon.com/case/amp/93488/eldorado-coal-mining-co-vs-mager' $ctype = '' $date = array( (int) 0 => 'Mar', (int) 1 => '28', (int) 2 => '1921' ) $content = array( (int) 0 => '<html><head></head><body><div> Eldorado Coal & Mining Co. v. Mager - 255 U.S. 522 (1921) <br/> <span> U.S. Supreme Court Eldorado Coal & Mining Co. v. Mager, 255 U.S. 522 (1921) </span> <p> <b> Eldorado Coal & Mining Co. v. Mager </b> ', (int) 1 => ' <p> <b> No. 609 </b> ', (int) 2 => ' <p> <b> Argued January 12, 1921 </b> ', (int) 3 => ' <p> <b> Decided March 28, 1921 </b> ', (int) 4 => ' <p> <b> 255 U.S. 522 </b> ', (int) 5 => ' <p> <b> </b> ', (int) 6 => ' <p> <em> ERROR TO THE DISTRICT COURT OF THE UNITED STATES </em> ', (int) 7 => ' <p> <em> FOR THE NORTHERN DISTRICT OF ILLINOIS </em> ', (int) 8 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 9 => ' <p> A mining corporation, upon a sale of its mine and plant in 1917, realized a profit representing an appreciation in their value since March 1, 1913. <em> Held </em> that the increase was taxable as income. P. <span> <a> 255 U. S. 526 </a> </span> . <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a> 255 U. S. 509 </a> </span> . ', (int) 10 => ' <p> Affirmed. ', (int) 11 => ' <p> The case is stated in the opinion. ', (int) 12 => ' <p> <a> Page 255 U. S. 525 </a> ', (int) 13 => ' <p> ', (int) 14 => ' <p> MR. JUSTICE CLARKE delivered the opinion of the Court. ', (int) 15 => ' <p> This case comes into this Court on a writ of error to review a judgment of the District Court of the United States for the Northern District of Illinois sustaining a demurrer to a declaration in assumpsit to recover an assessment of income and excess profits taxes for the year 1917 under warrant of the Income Tax Act of Congress approved September 8, 1916 (39 Stat. c. 463, p. 756) as amended by the act approved October 3, 1917, c. 63, 40 Stat. 300. Payment was made under protest, and the claim to recover is based upon the same contention dealt with in No. 608, <span> <a> 255 U. S. 509 </a> </span> , that the fund taxed was not "income" within the scope of the Sixteenth Amendment to the Constitution of the United States, and that the effect given by the lower court to the act renders it unconstitutional and void. ', (int) 16 => ' <p> The Eldorado Coal & Mining Company is an Indiana ', (int) 17 => ' <p> <a> Page 255 U. S. 526 </a> ', (int) 18 => ' <p> corporation which operated a bituminous coal mine and mining plant which it sold in May, 1917, for cash. The company retained its accounts receivable and, prior to September 30, 1917, it distributed among its stockholders, proportionately to their ownership of stocks, the cash received from the sale, and the accounts receivable in kind. The corporation, however, was not dissolved, nor its charter surrendered, because there were unsettled liabilities against it for federal income taxes and excess profit taxes. Otherwise, its affairs were wound up. ', (int) 19 => ' <p> It is averred in the declaration that, taking the fair market value as of March 1, 1913, of the capital assets of the company invested and employed in its business, and adding thereto the cost of additions and betterments, and subtracting depreciation and depletion to the date of sale, it appears that there was an appreciation in value of the property after March 1, 1913, of $5,986.02, and it was on this profit realized by the sale that the assessment of $3,073.16 was made which the company paid, and in this suit seeks to recover. ', (int) 20 => ' <p> It is obvious from this statement of the case that it presents in so nearly the same form precisely the same questions as were considered in No. 608, <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a> 255 U. S. 509 </a> </span> , that further discussion of them is unnecessary, and, on the authority of that case, the judgment of the district court is ', (int) 21 => ' <p> <em> Affirmed. </em> ', (int) 22 => ' <p> MR. JUSTICE HOLMES and MR. JUSTICE BRANDEIS, because of prior decisions of the Court, concur only in the judgment. ', (int) 23 => ' <br/> <br/> </div></body></html>' ) $paragraphAfter = (int) 1 $cnt = (int) 24 $i = (int) 15include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
This case comes into this Court on a writ of error to review a judgment of the District Court of the United States for the Northern District of Illinois sustaining a demurrer to a declaration in assumpsit to recover an assessment of income and excess profits taxes for the year 1917 under warrant of the Income Tax Act of Congress approved September 8, 1916 (39 Stat. c. 463, p. 756) as amended by the act approved October 3, 1917, c. 63, 40 Stat. 300. Payment was made under protest, and the claim to recover is based upon the same contention dealt with in No. 608, 255 U. S. 509 , that the fund taxed was not "income" within the scope of the Sixteenth Amendment to the Constitution of the United States, and that the effect given by the lower court to the act renders it unconstitutional and void.
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Eldorado Coal and Mining Co Vs Mager - Citation 93488 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '93488', 'acts' => null, 'appealno' => '255 U.S. 522', 'appellant' => 'Eldorado Coal and Mining Co.', 'authreffered' => null, 'casename' => 'Eldorado Coal and Mining Co. Vs. Mager', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1921-03-28', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Eldorado Coal & Mining Co. v. Mager - 255 U.S. 522 (1921) <br/> <span> U.S. Supreme Court Eldorado Coal & Mining Co. v. Mager, 255 U.S. 522 (1921) </span> <p> <b> Eldorado Coal & Mining Co. v. Mager </b> </p> <p> <b> No. 609 </b> </p> <p> <b> Argued January 12, 1921 </b> </p> <p> <b> Decided March 28, 1921 </b> </p> <p> <b> 255 U.S. 522 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE DISTRICT COURT OF THE UNITED STATES </em> </p> <p> <em> FOR THE NORTHERN DISTRICT OF ILLINOIS </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> A mining corporation, upon a sale of its mine and plant in 1917, realized a profit representing an appreciation in their value since March 1, 1913. <em> Held </em> that the increase was taxable as income. P. <span> <a href="/case/93488/eldorado-coal-mining-co-vs-mager#526"> 255 U. S. 526 </a> </span> . <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a href="/case/78875/merchants-loan-trust-co-vs-smietanka"> 255 U. S. 509 </a> </span> . </p> <p> Affirmed. </p> <p> The case is stated in the opinion. </p> <p> <a class="page-number" id="525"> Page 255 U. S. 525 </a> </p> <p> </p> <p> MR. JUSTICE CLARKE delivered the opinion of the Court. </p> <p> This case comes into this Court on a writ of error to review a judgment of the District Court of the United States for the Northern District of Illinois sustaining a demurrer to a declaration in assumpsit to recover an assessment of income and excess profits taxes for the year 1917 under warrant of the Income Tax Act of Congress approved September 8, 1916 (39 Stat. c. 463, p. 756) as amended by the act approved October 3, 1917, c. 63, 40 Stat. 300. Payment was made under protest, and the claim to recover is based upon the same contention dealt with in No. 608, <span> <a href="/case/78875/merchants-loan-trust-co-vs-smietanka"> 255 U. S. 509 </a> </span> , that the fund taxed was not "income" within the scope of the Sixteenth Amendment to the Constitution of the United States, and that the effect given by the lower court to the act renders it unconstitutional and void. </p> <p> The Eldorado Coal & Mining Company is an Indiana </p> <p> <a class="page-number" id="526"> Page 255 U. S. 526 </a> </p> <p> corporation which operated a bituminous coal mine and mining plant which it sold in May, 1917, for cash. The company retained its accounts receivable and, prior to September 30, 1917, it distributed among its stockholders, proportionately to their ownership of stocks, the cash received from the sale, and the accounts receivable in kind. The corporation, however, was not dissolved, nor its charter surrendered, because there were unsettled liabilities against it for federal income taxes and excess profit taxes. Otherwise, its affairs were wound up. </p> <p> It is averred in the declaration that, taking the fair market value as of March 1, 1913, of the capital assets of the company invested and employed in its business, and adding thereto the cost of additions and betterments, and subtracting depreciation and depletion to the date of sale, it appears that there was an appreciation in value of the property after March 1, 1913, of $5,986.02, and it was on this profit realized by the sale that the assessment of $3,073.16 was made which the company paid, and in this suit seeks to recover. </p> <p> It is obvious from this statement of the case that it presents in so nearly the same form precisely the same questions as were considered in No. 608, <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a href="/case/78875/merchants-loan-trust-co-vs-smietanka"> 255 U. S. 509 </a> </span> , that further discussion of them is unnecessary, and, on the authority of that case, the judgment of the district court is </p> <p> <em> Affirmed. </em> </p> <p> MR. JUSTICE HOLMES and MR. JUSTICE BRANDEIS, because of prior decisions of the Court, concur only in the judgment. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Mager', 'sub' => null, 'link' => '/cases/federal/us/255/522/', 'circuit' => null ) ), 'casename_url' => 'eldorado-coal-mining-co-vs-mager', 'args' => array( (int) 0 => '93488', (int) 1 => 'eldorado-coal-mining-co-vs-mager' ) ) $title_for_layout = 'Eldorado Coal and Mining Co Vs Mager - Citation 93488 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '93488', 'acts' => null, 'appealno' => '255 U.S. 522', 'appellant' => 'Eldorado Coal and Mining Co.', 'authreffered' => null, 'casename' => 'Eldorado Coal and Mining Co. Vs. Mager', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1921-03-28', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Eldorado Coal & Mining Co. v. Mager - 255 U.S. 522 (1921) <br/> <span> U.S. Supreme Court Eldorado Coal & Mining Co. v. Mager, 255 U.S. 522 (1921) </span> <p> <b> Eldorado Coal & Mining Co. v. Mager </b> </p> <p> <b> No. 609 </b> </p> <p> <b> Argued January 12, 1921 </b> </p> <p> <b> Decided March 28, 1921 </b> </p> <p> <b> 255 U.S. 522 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE DISTRICT COURT OF THE UNITED STATES </em> </p> <p> <em> FOR THE NORTHERN DISTRICT OF ILLINOIS </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> A mining corporation, upon a sale of its mine and plant in 1917, realized a profit representing an appreciation in their value since March 1, 1913. <em> Held </em> that the increase was taxable as income. P. <span> <a> 255 U. S. 526 </a> </span> . <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a> 255 U. S. 509 </a> </span> . </p> <p> Affirmed. </p> <p> The case is stated in the opinion. </p> <p> <a> Page 255 U. S. 525 </a> </p> <p> </p> <p> MR. JUSTICE CLARKE delivered the opinion of the Court. </p> <p> This case comes into this Court on a writ of error to review a judgment of the District Court of the United States for the Northern District of Illinois sustaining a demurrer to a declaration in assumpsit to recover an assessment of income and excess profits taxes for the year 1917 under warrant of the Income Tax Act of Congress approved September 8, 1916 (39 Stat. c. 463, p. 756) as amended by the act approved October 3, 1917, c. 63, 40 Stat. 300. Payment was made under protest, and the claim to recover is based upon the same contention dealt with in No. 608, <span> <a> 255 U. S. 509 </a> </span> , that the fund taxed was not "income" within the scope of the Sixteenth Amendment to the Constitution of the United States, and that the effect given by the lower court to the act renders it unconstitutional and void. </p> <p> The Eldorado Coal & Mining Company is an Indiana </p> <p> <a> Page 255 U. S. 526 </a> </p> <p> corporation which operated a bituminous coal mine and mining plant which it sold in May, 1917, for cash. The company retained its accounts receivable and, prior to September 30, 1917, it distributed among its stockholders, proportionately to their ownership of stocks, the cash received from the sale, and the accounts receivable in kind. The corporation, however, was not dissolved, nor its charter surrendered, because there were unsettled liabilities against it for federal income taxes and excess profit taxes. Otherwise, its affairs were wound up. </p> <p> It is averred in the declaration that, taking the fair market value as of March 1, 1913, of the capital assets of the company invested and employed in its business, and adding thereto the cost of additions and betterments, and subtracting depreciation and depletion to the date of sale, it appears that there was an appreciation in value of the property after March 1, 1913, of $5,986.02, and it was on this profit realized by the sale that the assessment of $3,073.16 was made which the company paid, and in this suit seeks to recover. </p> <p> It is obvious from this statement of the case that it presents in so nearly the same form precisely the same questions as were considered in No. 608, <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a> 255 U. S. 509 </a> </span> , that further discussion of them is unnecessary, and, on the authority of that case, the judgment of the district court is </p> <p> <em> Affirmed. </em> </p> <p> MR. JUSTICE HOLMES and MR. JUSTICE BRANDEIS, because of prior decisions of the Court, concur only in the judgment. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Mager', 'sub' => null, 'link' => '/cases/federal/us/255/522/', 'circuit' => null ) ) $casename_url = 'eldorado-coal-mining-co-vs-mager' $args = array( (int) 0 => '93488', (int) 1 => 'eldorado-coal-mining-co-vs-mager' ) $url = 'https://sooperkanoon.com/case/amp/93488/eldorado-coal-mining-co-vs-mager' $ctype = '' $date = array( (int) 0 => 'Mar', (int) 1 => '28', (int) 2 => '1921' ) $content = array( (int) 0 => '<html><head></head><body><div> Eldorado Coal & Mining Co. v. Mager - 255 U.S. 522 (1921) <br/> <span> U.S. Supreme Court Eldorado Coal & Mining Co. v. Mager, 255 U.S. 522 (1921) </span> <p> <b> Eldorado Coal & Mining Co. v. Mager </b> ', (int) 1 => ' <p> <b> No. 609 </b> ', (int) 2 => ' <p> <b> Argued January 12, 1921 </b> ', (int) 3 => ' <p> <b> Decided March 28, 1921 </b> ', (int) 4 => ' <p> <b> 255 U.S. 522 </b> ', (int) 5 => ' <p> <b> </b> ', (int) 6 => ' <p> <em> ERROR TO THE DISTRICT COURT OF THE UNITED STATES </em> ', (int) 7 => ' <p> <em> FOR THE NORTHERN DISTRICT OF ILLINOIS </em> ', (int) 8 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 9 => ' <p> A mining corporation, upon a sale of its mine and plant in 1917, realized a profit representing an appreciation in their value since March 1, 1913. <em> Held </em> that the increase was taxable as income. P. <span> <a> 255 U. S. 526 </a> </span> . <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a> 255 U. S. 509 </a> </span> . ', (int) 10 => ' <p> Affirmed. ', (int) 11 => ' <p> The case is stated in the opinion. ', (int) 12 => ' <p> <a> Page 255 U. S. 525 </a> ', (int) 13 => ' <p> ', (int) 14 => ' <p> MR. JUSTICE CLARKE delivered the opinion of the Court. ', (int) 15 => ' <p> This case comes into this Court on a writ of error to review a judgment of the District Court of the United States for the Northern District of Illinois sustaining a demurrer to a declaration in assumpsit to recover an assessment of income and excess profits taxes for the year 1917 under warrant of the Income Tax Act of Congress approved September 8, 1916 (39 Stat. c. 463, p. 756) as amended by the act approved October 3, 1917, c. 63, 40 Stat. 300. Payment was made under protest, and the claim to recover is based upon the same contention dealt with in No. 608, <span> <a> 255 U. S. 509 </a> </span> , that the fund taxed was not "income" within the scope of the Sixteenth Amendment to the Constitution of the United States, and that the effect given by the lower court to the act renders it unconstitutional and void. ', (int) 16 => ' <p> The Eldorado Coal & Mining Company is an Indiana ', (int) 17 => ' <p> <a> Page 255 U. S. 526 </a> ', (int) 18 => ' <p> corporation which operated a bituminous coal mine and mining plant which it sold in May, 1917, for cash. The company retained its accounts receivable and, prior to September 30, 1917, it distributed among its stockholders, proportionately to their ownership of stocks, the cash received from the sale, and the accounts receivable in kind. The corporation, however, was not dissolved, nor its charter surrendered, because there were unsettled liabilities against it for federal income taxes and excess profit taxes. Otherwise, its affairs were wound up. ', (int) 19 => ' <p> It is averred in the declaration that, taking the fair market value as of March 1, 1913, of the capital assets of the company invested and employed in its business, and adding thereto the cost of additions and betterments, and subtracting depreciation and depletion to the date of sale, it appears that there was an appreciation in value of the property after March 1, 1913, of $5,986.02, and it was on this profit realized by the sale that the assessment of $3,073.16 was made which the company paid, and in this suit seeks to recover. ', (int) 20 => ' <p> It is obvious from this statement of the case that it presents in so nearly the same form precisely the same questions as were considered in No. 608, <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a> 255 U. S. 509 </a> </span> , that further discussion of them is unnecessary, and, on the authority of that case, the judgment of the district court is ', (int) 21 => ' <p> <em> Affirmed. </em> ', (int) 22 => ' <p> MR. JUSTICE HOLMES and MR. JUSTICE BRANDEIS, because of prior decisions of the Court, concur only in the judgment. ', (int) 23 => ' <br/> <br/> </div></body></html>' ) $paragraphAfter = (int) 1 $cnt = (int) 24 $i = (int) 16include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
The Eldorado Coal & Mining Company is an Indiana
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Eldorado Coal and Mining Co Vs Mager - Citation 93488 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '93488', 'acts' => null, 'appealno' => '255 U.S. 522', 'appellant' => 'Eldorado Coal and Mining Co.', 'authreffered' => null, 'casename' => 'Eldorado Coal and Mining Co. Vs. Mager', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1921-03-28', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Eldorado Coal & Mining Co. v. Mager - 255 U.S. 522 (1921) <br/> <span> U.S. Supreme Court Eldorado Coal & Mining Co. v. Mager, 255 U.S. 522 (1921) </span> <p> <b> Eldorado Coal & Mining Co. v. Mager </b> </p> <p> <b> No. 609 </b> </p> <p> <b> Argued January 12, 1921 </b> </p> <p> <b> Decided March 28, 1921 </b> </p> <p> <b> 255 U.S. 522 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE DISTRICT COURT OF THE UNITED STATES </em> </p> <p> <em> FOR THE NORTHERN DISTRICT OF ILLINOIS </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> A mining corporation, upon a sale of its mine and plant in 1917, realized a profit representing an appreciation in their value since March 1, 1913. <em> Held </em> that the increase was taxable as income. P. <span> <a href="/case/93488/eldorado-coal-mining-co-vs-mager#526"> 255 U. S. 526 </a> </span> . <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a href="/case/78875/merchants-loan-trust-co-vs-smietanka"> 255 U. S. 509 </a> </span> . </p> <p> Affirmed. </p> <p> The case is stated in the opinion. </p> <p> <a class="page-number" id="525"> Page 255 U. S. 525 </a> </p> <p> </p> <p> MR. JUSTICE CLARKE delivered the opinion of the Court. </p> <p> This case comes into this Court on a writ of error to review a judgment of the District Court of the United States for the Northern District of Illinois sustaining a demurrer to a declaration in assumpsit to recover an assessment of income and excess profits taxes for the year 1917 under warrant of the Income Tax Act of Congress approved September 8, 1916 (39 Stat. c. 463, p. 756) as amended by the act approved October 3, 1917, c. 63, 40 Stat. 300. Payment was made under protest, and the claim to recover is based upon the same contention dealt with in No. 608, <span> <a href="/case/78875/merchants-loan-trust-co-vs-smietanka"> 255 U. S. 509 </a> </span> , that the fund taxed was not "income" within the scope of the Sixteenth Amendment to the Constitution of the United States, and that the effect given by the lower court to the act renders it unconstitutional and void. </p> <p> The Eldorado Coal & Mining Company is an Indiana </p> <p> <a class="page-number" id="526"> Page 255 U. S. 526 </a> </p> <p> corporation which operated a bituminous coal mine and mining plant which it sold in May, 1917, for cash. The company retained its accounts receivable and, prior to September 30, 1917, it distributed among its stockholders, proportionately to their ownership of stocks, the cash received from the sale, and the accounts receivable in kind. The corporation, however, was not dissolved, nor its charter surrendered, because there were unsettled liabilities against it for federal income taxes and excess profit taxes. Otherwise, its affairs were wound up. </p> <p> It is averred in the declaration that, taking the fair market value as of March 1, 1913, of the capital assets of the company invested and employed in its business, and adding thereto the cost of additions and betterments, and subtracting depreciation and depletion to the date of sale, it appears that there was an appreciation in value of the property after March 1, 1913, of $5,986.02, and it was on this profit realized by the sale that the assessment of $3,073.16 was made which the company paid, and in this suit seeks to recover. </p> <p> It is obvious from this statement of the case that it presents in so nearly the same form precisely the same questions as were considered in No. 608, <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a href="/case/78875/merchants-loan-trust-co-vs-smietanka"> 255 U. S. 509 </a> </span> , that further discussion of them is unnecessary, and, on the authority of that case, the judgment of the district court is </p> <p> <em> Affirmed. </em> </p> <p> MR. JUSTICE HOLMES and MR. JUSTICE BRANDEIS, because of prior decisions of the Court, concur only in the judgment. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Mager', 'sub' => null, 'link' => '/cases/federal/us/255/522/', 'circuit' => null ) ), 'casename_url' => 'eldorado-coal-mining-co-vs-mager', 'args' => array( (int) 0 => '93488', (int) 1 => 'eldorado-coal-mining-co-vs-mager' ) ) $title_for_layout = 'Eldorado Coal and Mining Co Vs Mager - Citation 93488 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '93488', 'acts' => null, 'appealno' => '255 U.S. 522', 'appellant' => 'Eldorado Coal and Mining Co.', 'authreffered' => null, 'casename' => 'Eldorado Coal and Mining Co. Vs. Mager', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1921-03-28', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Eldorado Coal & Mining Co. v. Mager - 255 U.S. 522 (1921) <br/> <span> U.S. Supreme Court Eldorado Coal & Mining Co. v. Mager, 255 U.S. 522 (1921) </span> <p> <b> Eldorado Coal & Mining Co. v. Mager </b> </p> <p> <b> No. 609 </b> </p> <p> <b> Argued January 12, 1921 </b> </p> <p> <b> Decided March 28, 1921 </b> </p> <p> <b> 255 U.S. 522 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE DISTRICT COURT OF THE UNITED STATES </em> </p> <p> <em> FOR THE NORTHERN DISTRICT OF ILLINOIS </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> A mining corporation, upon a sale of its mine and plant in 1917, realized a profit representing an appreciation in their value since March 1, 1913. <em> Held </em> that the increase was taxable as income. P. <span> <a> 255 U. S. 526 </a> </span> . <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a> 255 U. S. 509 </a> </span> . </p> <p> Affirmed. </p> <p> The case is stated in the opinion. </p> <p> <a> Page 255 U. S. 525 </a> </p> <p> </p> <p> MR. JUSTICE CLARKE delivered the opinion of the Court. </p> <p> This case comes into this Court on a writ of error to review a judgment of the District Court of the United States for the Northern District of Illinois sustaining a demurrer to a declaration in assumpsit to recover an assessment of income and excess profits taxes for the year 1917 under warrant of the Income Tax Act of Congress approved September 8, 1916 (39 Stat. c. 463, p. 756) as amended by the act approved October 3, 1917, c. 63, 40 Stat. 300. Payment was made under protest, and the claim to recover is based upon the same contention dealt with in No. 608, <span> <a> 255 U. S. 509 </a> </span> , that the fund taxed was not "income" within the scope of the Sixteenth Amendment to the Constitution of the United States, and that the effect given by the lower court to the act renders it unconstitutional and void. </p> <p> The Eldorado Coal & Mining Company is an Indiana </p> <p> <a> Page 255 U. S. 526 </a> </p> <p> corporation which operated a bituminous coal mine and mining plant which it sold in May, 1917, for cash. The company retained its accounts receivable and, prior to September 30, 1917, it distributed among its stockholders, proportionately to their ownership of stocks, the cash received from the sale, and the accounts receivable in kind. The corporation, however, was not dissolved, nor its charter surrendered, because there were unsettled liabilities against it for federal income taxes and excess profit taxes. Otherwise, its affairs were wound up. </p> <p> It is averred in the declaration that, taking the fair market value as of March 1, 1913, of the capital assets of the company invested and employed in its business, and adding thereto the cost of additions and betterments, and subtracting depreciation and depletion to the date of sale, it appears that there was an appreciation in value of the property after March 1, 1913, of $5,986.02, and it was on this profit realized by the sale that the assessment of $3,073.16 was made which the company paid, and in this suit seeks to recover. </p> <p> It is obvious from this statement of the case that it presents in so nearly the same form precisely the same questions as were considered in No. 608, <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a> 255 U. S. 509 </a> </span> , that further discussion of them is unnecessary, and, on the authority of that case, the judgment of the district court is </p> <p> <em> Affirmed. </em> </p> <p> MR. JUSTICE HOLMES and MR. JUSTICE BRANDEIS, because of prior decisions of the Court, concur only in the judgment. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Mager', 'sub' => null, 'link' => '/cases/federal/us/255/522/', 'circuit' => null ) ) $casename_url = 'eldorado-coal-mining-co-vs-mager' $args = array( (int) 0 => '93488', (int) 1 => 'eldorado-coal-mining-co-vs-mager' ) $url = 'https://sooperkanoon.com/case/amp/93488/eldorado-coal-mining-co-vs-mager' $ctype = '' $date = array( (int) 0 => 'Mar', (int) 1 => '28', (int) 2 => '1921' ) $content = array( (int) 0 => '<html><head></head><body><div> Eldorado Coal & Mining Co. v. Mager - 255 U.S. 522 (1921) <br/> <span> U.S. Supreme Court Eldorado Coal & Mining Co. v. Mager, 255 U.S. 522 (1921) </span> <p> <b> Eldorado Coal & Mining Co. v. Mager </b> ', (int) 1 => ' <p> <b> No. 609 </b> ', (int) 2 => ' <p> <b> Argued January 12, 1921 </b> ', (int) 3 => ' <p> <b> Decided March 28, 1921 </b> ', (int) 4 => ' <p> <b> 255 U.S. 522 </b> ', (int) 5 => ' <p> <b> </b> ', (int) 6 => ' <p> <em> ERROR TO THE DISTRICT COURT OF THE UNITED STATES </em> ', (int) 7 => ' <p> <em> FOR THE NORTHERN DISTRICT OF ILLINOIS </em> ', (int) 8 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 9 => ' <p> A mining corporation, upon a sale of its mine and plant in 1917, realized a profit representing an appreciation in their value since March 1, 1913. <em> Held </em> that the increase was taxable as income. P. <span> <a> 255 U. S. 526 </a> </span> . <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a> 255 U. S. 509 </a> </span> . ', (int) 10 => ' <p> Affirmed. ', (int) 11 => ' <p> The case is stated in the opinion. ', (int) 12 => ' <p> <a> Page 255 U. S. 525 </a> ', (int) 13 => ' <p> ', (int) 14 => ' <p> MR. JUSTICE CLARKE delivered the opinion of the Court. ', (int) 15 => ' <p> This case comes into this Court on a writ of error to review a judgment of the District Court of the United States for the Northern District of Illinois sustaining a demurrer to a declaration in assumpsit to recover an assessment of income and excess profits taxes for the year 1917 under warrant of the Income Tax Act of Congress approved September 8, 1916 (39 Stat. c. 463, p. 756) as amended by the act approved October 3, 1917, c. 63, 40 Stat. 300. Payment was made under protest, and the claim to recover is based upon the same contention dealt with in No. 608, <span> <a> 255 U. S. 509 </a> </span> , that the fund taxed was not "income" within the scope of the Sixteenth Amendment to the Constitution of the United States, and that the effect given by the lower court to the act renders it unconstitutional and void. ', (int) 16 => ' <p> The Eldorado Coal & Mining Company is an Indiana ', (int) 17 => ' <p> <a> Page 255 U. S. 526 </a> ', (int) 18 => ' <p> corporation which operated a bituminous coal mine and mining plant which it sold in May, 1917, for cash. The company retained its accounts receivable and, prior to September 30, 1917, it distributed among its stockholders, proportionately to their ownership of stocks, the cash received from the sale, and the accounts receivable in kind. The corporation, however, was not dissolved, nor its charter surrendered, because there were unsettled liabilities against it for federal income taxes and excess profit taxes. Otherwise, its affairs were wound up. ', (int) 19 => ' <p> It is averred in the declaration that, taking the fair market value as of March 1, 1913, of the capital assets of the company invested and employed in its business, and adding thereto the cost of additions and betterments, and subtracting depreciation and depletion to the date of sale, it appears that there was an appreciation in value of the property after March 1, 1913, of $5,986.02, and it was on this profit realized by the sale that the assessment of $3,073.16 was made which the company paid, and in this suit seeks to recover. ', (int) 20 => ' <p> It is obvious from this statement of the case that it presents in so nearly the same form precisely the same questions as were considered in No. 608, <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a> 255 U. S. 509 </a> </span> , that further discussion of them is unnecessary, and, on the authority of that case, the judgment of the district court is ', (int) 21 => ' <p> <em> Affirmed. </em> ', (int) 22 => ' <p> MR. JUSTICE HOLMES and MR. JUSTICE BRANDEIS, because of prior decisions of the Court, concur only in the judgment. ', (int) 23 => ' <br/> <br/> </div></body></html>' ) $paragraphAfter = (int) 1 $cnt = (int) 24 $i = (int) 17include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Eldorado Coal and Mining Co Vs Mager - Citation 93488 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '93488', 'acts' => null, 'appealno' => '255 U.S. 522', 'appellant' => 'Eldorado Coal and Mining Co.', 'authreffered' => null, 'casename' => 'Eldorado Coal and Mining Co. Vs. Mager', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1921-03-28', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Eldorado Coal & Mining Co. v. Mager - 255 U.S. 522 (1921) <br/> <span> U.S. Supreme Court Eldorado Coal & Mining Co. v. Mager, 255 U.S. 522 (1921) </span> <p> <b> Eldorado Coal & Mining Co. v. Mager </b> </p> <p> <b> No. 609 </b> </p> <p> <b> Argued January 12, 1921 </b> </p> <p> <b> Decided March 28, 1921 </b> </p> <p> <b> 255 U.S. 522 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE DISTRICT COURT OF THE UNITED STATES </em> </p> <p> <em> FOR THE NORTHERN DISTRICT OF ILLINOIS </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> A mining corporation, upon a sale of its mine and plant in 1917, realized a profit representing an appreciation in their value since March 1, 1913. <em> Held </em> that the increase was taxable as income. P. <span> <a href="/case/93488/eldorado-coal-mining-co-vs-mager#526"> 255 U. S. 526 </a> </span> . <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a href="/case/78875/merchants-loan-trust-co-vs-smietanka"> 255 U. S. 509 </a> </span> . </p> <p> Affirmed. </p> <p> The case is stated in the opinion. </p> <p> <a class="page-number" id="525"> Page 255 U. S. 525 </a> </p> <p> </p> <p> MR. JUSTICE CLARKE delivered the opinion of the Court. </p> <p> This case comes into this Court on a writ of error to review a judgment of the District Court of the United States for the Northern District of Illinois sustaining a demurrer to a declaration in assumpsit to recover an assessment of income and excess profits taxes for the year 1917 under warrant of the Income Tax Act of Congress approved September 8, 1916 (39 Stat. c. 463, p. 756) as amended by the act approved October 3, 1917, c. 63, 40 Stat. 300. Payment was made under protest, and the claim to recover is based upon the same contention dealt with in No. 608, <span> <a href="/case/78875/merchants-loan-trust-co-vs-smietanka"> 255 U. S. 509 </a> </span> , that the fund taxed was not "income" within the scope of the Sixteenth Amendment to the Constitution of the United States, and that the effect given by the lower court to the act renders it unconstitutional and void. </p> <p> The Eldorado Coal & Mining Company is an Indiana </p> <p> <a class="page-number" id="526"> Page 255 U. S. 526 </a> </p> <p> corporation which operated a bituminous coal mine and mining plant which it sold in May, 1917, for cash. The company retained its accounts receivable and, prior to September 30, 1917, it distributed among its stockholders, proportionately to their ownership of stocks, the cash received from the sale, and the accounts receivable in kind. The corporation, however, was not dissolved, nor its charter surrendered, because there were unsettled liabilities against it for federal income taxes and excess profit taxes. Otherwise, its affairs were wound up. </p> <p> It is averred in the declaration that, taking the fair market value as of March 1, 1913, of the capital assets of the company invested and employed in its business, and adding thereto the cost of additions and betterments, and subtracting depreciation and depletion to the date of sale, it appears that there was an appreciation in value of the property after March 1, 1913, of $5,986.02, and it was on this profit realized by the sale that the assessment of $3,073.16 was made which the company paid, and in this suit seeks to recover. </p> <p> It is obvious from this statement of the case that it presents in so nearly the same form precisely the same questions as were considered in No. 608, <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a href="/case/78875/merchants-loan-trust-co-vs-smietanka"> 255 U. S. 509 </a> </span> , that further discussion of them is unnecessary, and, on the authority of that case, the judgment of the district court is </p> <p> <em> Affirmed. </em> </p> <p> MR. JUSTICE HOLMES and MR. JUSTICE BRANDEIS, because of prior decisions of the Court, concur only in the judgment. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Mager', 'sub' => null, 'link' => '/cases/federal/us/255/522/', 'circuit' => null ) ), 'casename_url' => 'eldorado-coal-mining-co-vs-mager', 'args' => array( (int) 0 => '93488', (int) 1 => 'eldorado-coal-mining-co-vs-mager' ) ) $title_for_layout = 'Eldorado Coal and Mining Co Vs Mager - Citation 93488 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '93488', 'acts' => null, 'appealno' => '255 U.S. 522', 'appellant' => 'Eldorado Coal and Mining Co.', 'authreffered' => null, 'casename' => 'Eldorado Coal and Mining Co. Vs. Mager', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1921-03-28', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Eldorado Coal & Mining Co. v. Mager - 255 U.S. 522 (1921) <br/> <span> U.S. Supreme Court Eldorado Coal & Mining Co. v. Mager, 255 U.S. 522 (1921) </span> <p> <b> Eldorado Coal & Mining Co. v. Mager </b> </p> <p> <b> No. 609 </b> </p> <p> <b> Argued January 12, 1921 </b> </p> <p> <b> Decided March 28, 1921 </b> </p> <p> <b> 255 U.S. 522 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE DISTRICT COURT OF THE UNITED STATES </em> </p> <p> <em> FOR THE NORTHERN DISTRICT OF ILLINOIS </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> A mining corporation, upon a sale of its mine and plant in 1917, realized a profit representing an appreciation in their value since March 1, 1913. <em> Held </em> that the increase was taxable as income. P. <span> <a> 255 U. S. 526 </a> </span> . <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a> 255 U. S. 509 </a> </span> . </p> <p> Affirmed. </p> <p> The case is stated in the opinion. </p> <p> <a> Page 255 U. S. 525 </a> </p> <p> </p> <p> MR. JUSTICE CLARKE delivered the opinion of the Court. </p> <p> This case comes into this Court on a writ of error to review a judgment of the District Court of the United States for the Northern District of Illinois sustaining a demurrer to a declaration in assumpsit to recover an assessment of income and excess profits taxes for the year 1917 under warrant of the Income Tax Act of Congress approved September 8, 1916 (39 Stat. c. 463, p. 756) as amended by the act approved October 3, 1917, c. 63, 40 Stat. 300. Payment was made under protest, and the claim to recover is based upon the same contention dealt with in No. 608, <span> <a> 255 U. S. 509 </a> </span> , that the fund taxed was not "income" within the scope of the Sixteenth Amendment to the Constitution of the United States, and that the effect given by the lower court to the act renders it unconstitutional and void. </p> <p> The Eldorado Coal & Mining Company is an Indiana </p> <p> <a> Page 255 U. S. 526 </a> </p> <p> corporation which operated a bituminous coal mine and mining plant which it sold in May, 1917, for cash. The company retained its accounts receivable and, prior to September 30, 1917, it distributed among its stockholders, proportionately to their ownership of stocks, the cash received from the sale, and the accounts receivable in kind. The corporation, however, was not dissolved, nor its charter surrendered, because there were unsettled liabilities against it for federal income taxes and excess profit taxes. Otherwise, its affairs were wound up. </p> <p> It is averred in the declaration that, taking the fair market value as of March 1, 1913, of the capital assets of the company invested and employed in its business, and adding thereto the cost of additions and betterments, and subtracting depreciation and depletion to the date of sale, it appears that there was an appreciation in value of the property after March 1, 1913, of $5,986.02, and it was on this profit realized by the sale that the assessment of $3,073.16 was made which the company paid, and in this suit seeks to recover. </p> <p> It is obvious from this statement of the case that it presents in so nearly the same form precisely the same questions as were considered in No. 608, <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a> 255 U. S. 509 </a> </span> , that further discussion of them is unnecessary, and, on the authority of that case, the judgment of the district court is </p> <p> <em> Affirmed. </em> </p> <p> MR. JUSTICE HOLMES and MR. JUSTICE BRANDEIS, because of prior decisions of the Court, concur only in the judgment. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Mager', 'sub' => null, 'link' => '/cases/federal/us/255/522/', 'circuit' => null ) ) $casename_url = 'eldorado-coal-mining-co-vs-mager' $args = array( (int) 0 => '93488', (int) 1 => 'eldorado-coal-mining-co-vs-mager' ) $url = 'https://sooperkanoon.com/case/amp/93488/eldorado-coal-mining-co-vs-mager' $ctype = '' $date = array( (int) 0 => 'Mar', (int) 1 => '28', (int) 2 => '1921' ) $content = array( (int) 0 => '<html><head></head><body><div> Eldorado Coal & Mining Co. v. Mager - 255 U.S. 522 (1921) <br/> <span> U.S. Supreme Court Eldorado Coal & Mining Co. v. Mager, 255 U.S. 522 (1921) </span> <p> <b> Eldorado Coal & Mining Co. v. Mager </b> ', (int) 1 => ' <p> <b> No. 609 </b> ', (int) 2 => ' <p> <b> Argued January 12, 1921 </b> ', (int) 3 => ' <p> <b> Decided March 28, 1921 </b> ', (int) 4 => ' <p> <b> 255 U.S. 522 </b> ', (int) 5 => ' <p> <b> </b> ', (int) 6 => ' <p> <em> ERROR TO THE DISTRICT COURT OF THE UNITED STATES </em> ', (int) 7 => ' <p> <em> FOR THE NORTHERN DISTRICT OF ILLINOIS </em> ', (int) 8 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 9 => ' <p> A mining corporation, upon a sale of its mine and plant in 1917, realized a profit representing an appreciation in their value since March 1, 1913. <em> Held </em> that the increase was taxable as income. P. <span> <a> 255 U. S. 526 </a> </span> . <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a> 255 U. S. 509 </a> </span> . ', (int) 10 => ' <p> Affirmed. ', (int) 11 => ' <p> The case is stated in the opinion. ', (int) 12 => ' <p> <a> Page 255 U. S. 525 </a> ', (int) 13 => ' <p> ', (int) 14 => ' <p> MR. JUSTICE CLARKE delivered the opinion of the Court. ', (int) 15 => ' <p> This case comes into this Court on a writ of error to review a judgment of the District Court of the United States for the Northern District of Illinois sustaining a demurrer to a declaration in assumpsit to recover an assessment of income and excess profits taxes for the year 1917 under warrant of the Income Tax Act of Congress approved September 8, 1916 (39 Stat. c. 463, p. 756) as amended by the act approved October 3, 1917, c. 63, 40 Stat. 300. Payment was made under protest, and the claim to recover is based upon the same contention dealt with in No. 608, <span> <a> 255 U. S. 509 </a> </span> , that the fund taxed was not "income" within the scope of the Sixteenth Amendment to the Constitution of the United States, and that the effect given by the lower court to the act renders it unconstitutional and void. ', (int) 16 => ' <p> The Eldorado Coal & Mining Company is an Indiana ', (int) 17 => ' <p> <a> Page 255 U. S. 526 </a> ', (int) 18 => ' <p> corporation which operated a bituminous coal mine and mining plant which it sold in May, 1917, for cash. The company retained its accounts receivable and, prior to September 30, 1917, it distributed among its stockholders, proportionately to their ownership of stocks, the cash received from the sale, and the accounts receivable in kind. The corporation, however, was not dissolved, nor its charter surrendered, because there were unsettled liabilities against it for federal income taxes and excess profit taxes. Otherwise, its affairs were wound up. ', (int) 19 => ' <p> It is averred in the declaration that, taking the fair market value as of March 1, 1913, of the capital assets of the company invested and employed in its business, and adding thereto the cost of additions and betterments, and subtracting depreciation and depletion to the date of sale, it appears that there was an appreciation in value of the property after March 1, 1913, of $5,986.02, and it was on this profit realized by the sale that the assessment of $3,073.16 was made which the company paid, and in this suit seeks to recover. ', (int) 20 => ' <p> It is obvious from this statement of the case that it presents in so nearly the same form precisely the same questions as were considered in No. 608, <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a> 255 U. S. 509 </a> </span> , that further discussion of them is unnecessary, and, on the authority of that case, the judgment of the district court is ', (int) 21 => ' <p> <em> Affirmed. </em> ', (int) 22 => ' <p> MR. JUSTICE HOLMES and MR. JUSTICE BRANDEIS, because of prior decisions of the Court, concur only in the judgment. ', (int) 23 => ' <br/> <br/> </div></body></html>' ) $paragraphAfter = (int) 1 $cnt = (int) 24 $i = (int) 18include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
corporation which operated a bituminous coal mine and mining plant which it sold in May, 1917, for cash. The company retained its accounts receivable and, prior to September 30, 1917, it distributed among its stockholders, proportionately to their ownership of stocks, the cash received from the sale, and the accounts receivable in kind. The corporation, however, was not dissolved, nor its charter surrendered, because there were unsettled liabilities against it for federal income taxes and excess profit taxes. Otherwise, its affairs were wound up.
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Eldorado Coal and Mining Co Vs Mager - Citation 93488 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '93488', 'acts' => null, 'appealno' => '255 U.S. 522', 'appellant' => 'Eldorado Coal and Mining Co.', 'authreffered' => null, 'casename' => 'Eldorado Coal and Mining Co. Vs. Mager', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1921-03-28', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Eldorado Coal & Mining Co. v. Mager - 255 U.S. 522 (1921) <br/> <span> U.S. Supreme Court Eldorado Coal & Mining Co. v. Mager, 255 U.S. 522 (1921) </span> <p> <b> Eldorado Coal & Mining Co. v. Mager </b> </p> <p> <b> No. 609 </b> </p> <p> <b> Argued January 12, 1921 </b> </p> <p> <b> Decided March 28, 1921 </b> </p> <p> <b> 255 U.S. 522 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE DISTRICT COURT OF THE UNITED STATES </em> </p> <p> <em> FOR THE NORTHERN DISTRICT OF ILLINOIS </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> A mining corporation, upon a sale of its mine and plant in 1917, realized a profit representing an appreciation in their value since March 1, 1913. <em> Held </em> that the increase was taxable as income. P. <span> <a href="/case/93488/eldorado-coal-mining-co-vs-mager#526"> 255 U. S. 526 </a> </span> . <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a href="/case/78875/merchants-loan-trust-co-vs-smietanka"> 255 U. S. 509 </a> </span> . </p> <p> Affirmed. </p> <p> The case is stated in the opinion. </p> <p> <a class="page-number" id="525"> Page 255 U. S. 525 </a> </p> <p> </p> <p> MR. JUSTICE CLARKE delivered the opinion of the Court. </p> <p> This case comes into this Court on a writ of error to review a judgment of the District Court of the United States for the Northern District of Illinois sustaining a demurrer to a declaration in assumpsit to recover an assessment of income and excess profits taxes for the year 1917 under warrant of the Income Tax Act of Congress approved September 8, 1916 (39 Stat. c. 463, p. 756) as amended by the act approved October 3, 1917, c. 63, 40 Stat. 300. Payment was made under protest, and the claim to recover is based upon the same contention dealt with in No. 608, <span> <a href="/case/78875/merchants-loan-trust-co-vs-smietanka"> 255 U. S. 509 </a> </span> , that the fund taxed was not "income" within the scope of the Sixteenth Amendment to the Constitution of the United States, and that the effect given by the lower court to the act renders it unconstitutional and void. </p> <p> The Eldorado Coal & Mining Company is an Indiana </p> <p> <a class="page-number" id="526"> Page 255 U. S. 526 </a> </p> <p> corporation which operated a bituminous coal mine and mining plant which it sold in May, 1917, for cash. The company retained its accounts receivable and, prior to September 30, 1917, it distributed among its stockholders, proportionately to their ownership of stocks, the cash received from the sale, and the accounts receivable in kind. The corporation, however, was not dissolved, nor its charter surrendered, because there were unsettled liabilities against it for federal income taxes and excess profit taxes. Otherwise, its affairs were wound up. </p> <p> It is averred in the declaration that, taking the fair market value as of March 1, 1913, of the capital assets of the company invested and employed in its business, and adding thereto the cost of additions and betterments, and subtracting depreciation and depletion to the date of sale, it appears that there was an appreciation in value of the property after March 1, 1913, of $5,986.02, and it was on this profit realized by the sale that the assessment of $3,073.16 was made which the company paid, and in this suit seeks to recover. </p> <p> It is obvious from this statement of the case that it presents in so nearly the same form precisely the same questions as were considered in No. 608, <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a href="/case/78875/merchants-loan-trust-co-vs-smietanka"> 255 U. S. 509 </a> </span> , that further discussion of them is unnecessary, and, on the authority of that case, the judgment of the district court is </p> <p> <em> Affirmed. </em> </p> <p> MR. JUSTICE HOLMES and MR. JUSTICE BRANDEIS, because of prior decisions of the Court, concur only in the judgment. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Mager', 'sub' => null, 'link' => '/cases/federal/us/255/522/', 'circuit' => null ) ), 'casename_url' => 'eldorado-coal-mining-co-vs-mager', 'args' => array( (int) 0 => '93488', (int) 1 => 'eldorado-coal-mining-co-vs-mager' ) ) $title_for_layout = 'Eldorado Coal and Mining Co Vs Mager - Citation 93488 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '93488', 'acts' => null, 'appealno' => '255 U.S. 522', 'appellant' => 'Eldorado Coal and Mining Co.', 'authreffered' => null, 'casename' => 'Eldorado Coal and Mining Co. Vs. Mager', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1921-03-28', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Eldorado Coal & Mining Co. v. Mager - 255 U.S. 522 (1921) <br/> <span> U.S. Supreme Court Eldorado Coal & Mining Co. v. Mager, 255 U.S. 522 (1921) </span> <p> <b> Eldorado Coal & Mining Co. v. Mager </b> </p> <p> <b> No. 609 </b> </p> <p> <b> Argued January 12, 1921 </b> </p> <p> <b> Decided March 28, 1921 </b> </p> <p> <b> 255 U.S. 522 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE DISTRICT COURT OF THE UNITED STATES </em> </p> <p> <em> FOR THE NORTHERN DISTRICT OF ILLINOIS </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> A mining corporation, upon a sale of its mine and plant in 1917, realized a profit representing an appreciation in their value since March 1, 1913. <em> Held </em> that the increase was taxable as income. P. <span> <a> 255 U. S. 526 </a> </span> . <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a> 255 U. S. 509 </a> </span> . </p> <p> Affirmed. </p> <p> The case is stated in the opinion. </p> <p> <a> Page 255 U. S. 525 </a> </p> <p> </p> <p> MR. JUSTICE CLARKE delivered the opinion of the Court. </p> <p> This case comes into this Court on a writ of error to review a judgment of the District Court of the United States for the Northern District of Illinois sustaining a demurrer to a declaration in assumpsit to recover an assessment of income and excess profits taxes for the year 1917 under warrant of the Income Tax Act of Congress approved September 8, 1916 (39 Stat. c. 463, p. 756) as amended by the act approved October 3, 1917, c. 63, 40 Stat. 300. Payment was made under protest, and the claim to recover is based upon the same contention dealt with in No. 608, <span> <a> 255 U. S. 509 </a> </span> , that the fund taxed was not "income" within the scope of the Sixteenth Amendment to the Constitution of the United States, and that the effect given by the lower court to the act renders it unconstitutional and void. </p> <p> The Eldorado Coal & Mining Company is an Indiana </p> <p> <a> Page 255 U. S. 526 </a> </p> <p> corporation which operated a bituminous coal mine and mining plant which it sold in May, 1917, for cash. The company retained its accounts receivable and, prior to September 30, 1917, it distributed among its stockholders, proportionately to their ownership of stocks, the cash received from the sale, and the accounts receivable in kind. The corporation, however, was not dissolved, nor its charter surrendered, because there were unsettled liabilities against it for federal income taxes and excess profit taxes. Otherwise, its affairs were wound up. </p> <p> It is averred in the declaration that, taking the fair market value as of March 1, 1913, of the capital assets of the company invested and employed in its business, and adding thereto the cost of additions and betterments, and subtracting depreciation and depletion to the date of sale, it appears that there was an appreciation in value of the property after March 1, 1913, of $5,986.02, and it was on this profit realized by the sale that the assessment of $3,073.16 was made which the company paid, and in this suit seeks to recover. </p> <p> It is obvious from this statement of the case that it presents in so nearly the same form precisely the same questions as were considered in No. 608, <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a> 255 U. S. 509 </a> </span> , that further discussion of them is unnecessary, and, on the authority of that case, the judgment of the district court is </p> <p> <em> Affirmed. </em> </p> <p> MR. JUSTICE HOLMES and MR. JUSTICE BRANDEIS, because of prior decisions of the Court, concur only in the judgment. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Mager', 'sub' => null, 'link' => '/cases/federal/us/255/522/', 'circuit' => null ) ) $casename_url = 'eldorado-coal-mining-co-vs-mager' $args = array( (int) 0 => '93488', (int) 1 => 'eldorado-coal-mining-co-vs-mager' ) $url = 'https://sooperkanoon.com/case/amp/93488/eldorado-coal-mining-co-vs-mager' $ctype = '' $date = array( (int) 0 => 'Mar', (int) 1 => '28', (int) 2 => '1921' ) $content = array( (int) 0 => '<html><head></head><body><div> Eldorado Coal & Mining Co. v. Mager - 255 U.S. 522 (1921) <br/> <span> U.S. Supreme Court Eldorado Coal & Mining Co. v. Mager, 255 U.S. 522 (1921) </span> <p> <b> Eldorado Coal & Mining Co. v. Mager </b> ', (int) 1 => ' <p> <b> No. 609 </b> ', (int) 2 => ' <p> <b> Argued January 12, 1921 </b> ', (int) 3 => ' <p> <b> Decided March 28, 1921 </b> ', (int) 4 => ' <p> <b> 255 U.S. 522 </b> ', (int) 5 => ' <p> <b> </b> ', (int) 6 => ' <p> <em> ERROR TO THE DISTRICT COURT OF THE UNITED STATES </em> ', (int) 7 => ' <p> <em> FOR THE NORTHERN DISTRICT OF ILLINOIS </em> ', (int) 8 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 9 => ' <p> A mining corporation, upon a sale of its mine and plant in 1917, realized a profit representing an appreciation in their value since March 1, 1913. <em> Held </em> that the increase was taxable as income. P. <span> <a> 255 U. S. 526 </a> </span> . <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a> 255 U. S. 509 </a> </span> . ', (int) 10 => ' <p> Affirmed. ', (int) 11 => ' <p> The case is stated in the opinion. ', (int) 12 => ' <p> <a> Page 255 U. S. 525 </a> ', (int) 13 => ' <p> ', (int) 14 => ' <p> MR. JUSTICE CLARKE delivered the opinion of the Court. ', (int) 15 => ' <p> This case comes into this Court on a writ of error to review a judgment of the District Court of the United States for the Northern District of Illinois sustaining a demurrer to a declaration in assumpsit to recover an assessment of income and excess profits taxes for the year 1917 under warrant of the Income Tax Act of Congress approved September 8, 1916 (39 Stat. c. 463, p. 756) as amended by the act approved October 3, 1917, c. 63, 40 Stat. 300. Payment was made under protest, and the claim to recover is based upon the same contention dealt with in No. 608, <span> <a> 255 U. S. 509 </a> </span> , that the fund taxed was not "income" within the scope of the Sixteenth Amendment to the Constitution of the United States, and that the effect given by the lower court to the act renders it unconstitutional and void. ', (int) 16 => ' <p> The Eldorado Coal & Mining Company is an Indiana ', (int) 17 => ' <p> <a> Page 255 U. S. 526 </a> ', (int) 18 => ' <p> corporation which operated a bituminous coal mine and mining plant which it sold in May, 1917, for cash. The company retained its accounts receivable and, prior to September 30, 1917, it distributed among its stockholders, proportionately to their ownership of stocks, the cash received from the sale, and the accounts receivable in kind. The corporation, however, was not dissolved, nor its charter surrendered, because there were unsettled liabilities against it for federal income taxes and excess profit taxes. Otherwise, its affairs were wound up. ', (int) 19 => ' <p> It is averred in the declaration that, taking the fair market value as of March 1, 1913, of the capital assets of the company invested and employed in its business, and adding thereto the cost of additions and betterments, and subtracting depreciation and depletion to the date of sale, it appears that there was an appreciation in value of the property after March 1, 1913, of $5,986.02, and it was on this profit realized by the sale that the assessment of $3,073.16 was made which the company paid, and in this suit seeks to recover. ', (int) 20 => ' <p> It is obvious from this statement of the case that it presents in so nearly the same form precisely the same questions as were considered in No. 608, <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a> 255 U. S. 509 </a> </span> , that further discussion of them is unnecessary, and, on the authority of that case, the judgment of the district court is ', (int) 21 => ' <p> <em> Affirmed. </em> ', (int) 22 => ' <p> MR. JUSTICE HOLMES and MR. JUSTICE BRANDEIS, because of prior decisions of the Court, concur only in the judgment. ', (int) 23 => ' <br/> <br/> </div></body></html>' ) $paragraphAfter = (int) 1 $cnt = (int) 24 $i = (int) 19include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
It is averred in the declaration that, taking the fair market value as of March 1, 1913, of the capital assets of the company invested and employed in its business, and adding thereto the cost of additions and betterments, and subtracting depreciation and depletion to the date of sale, it appears that there was an appreciation in value of the property after March 1, 1913, of $5,986.02, and it was on this profit realized by the sale that the assessment of $3,073.16 was made which the company paid, and in this suit seeks to recover.
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Eldorado Coal and Mining Co Vs Mager - Citation 93488 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '93488', 'acts' => null, 'appealno' => '255 U.S. 522', 'appellant' => 'Eldorado Coal and Mining Co.', 'authreffered' => null, 'casename' => 'Eldorado Coal and Mining Co. Vs. Mager', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1921-03-28', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Eldorado Coal & Mining Co. v. Mager - 255 U.S. 522 (1921) <br/> <span> U.S. Supreme Court Eldorado Coal & Mining Co. v. Mager, 255 U.S. 522 (1921) </span> <p> <b> Eldorado Coal & Mining Co. v. Mager </b> </p> <p> <b> No. 609 </b> </p> <p> <b> Argued January 12, 1921 </b> </p> <p> <b> Decided March 28, 1921 </b> </p> <p> <b> 255 U.S. 522 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE DISTRICT COURT OF THE UNITED STATES </em> </p> <p> <em> FOR THE NORTHERN DISTRICT OF ILLINOIS </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> A mining corporation, upon a sale of its mine and plant in 1917, realized a profit representing an appreciation in their value since March 1, 1913. <em> Held </em> that the increase was taxable as income. P. <span> <a href="/case/93488/eldorado-coal-mining-co-vs-mager#526"> 255 U. S. 526 </a> </span> . <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a href="/case/78875/merchants-loan-trust-co-vs-smietanka"> 255 U. S. 509 </a> </span> . </p> <p> Affirmed. </p> <p> The case is stated in the opinion. </p> <p> <a class="page-number" id="525"> Page 255 U. S. 525 </a> </p> <p> </p> <p> MR. JUSTICE CLARKE delivered the opinion of the Court. </p> <p> This case comes into this Court on a writ of error to review a judgment of the District Court of the United States for the Northern District of Illinois sustaining a demurrer to a declaration in assumpsit to recover an assessment of income and excess profits taxes for the year 1917 under warrant of the Income Tax Act of Congress approved September 8, 1916 (39 Stat. c. 463, p. 756) as amended by the act approved October 3, 1917, c. 63, 40 Stat. 300. Payment was made under protest, and the claim to recover is based upon the same contention dealt with in No. 608, <span> <a href="/case/78875/merchants-loan-trust-co-vs-smietanka"> 255 U. S. 509 </a> </span> , that the fund taxed was not "income" within the scope of the Sixteenth Amendment to the Constitution of the United States, and that the effect given by the lower court to the act renders it unconstitutional and void. </p> <p> The Eldorado Coal & Mining Company is an Indiana </p> <p> <a class="page-number" id="526"> Page 255 U. S. 526 </a> </p> <p> corporation which operated a bituminous coal mine and mining plant which it sold in May, 1917, for cash. The company retained its accounts receivable and, prior to September 30, 1917, it distributed among its stockholders, proportionately to their ownership of stocks, the cash received from the sale, and the accounts receivable in kind. The corporation, however, was not dissolved, nor its charter surrendered, because there were unsettled liabilities against it for federal income taxes and excess profit taxes. Otherwise, its affairs were wound up. </p> <p> It is averred in the declaration that, taking the fair market value as of March 1, 1913, of the capital assets of the company invested and employed in its business, and adding thereto the cost of additions and betterments, and subtracting depreciation and depletion to the date of sale, it appears that there was an appreciation in value of the property after March 1, 1913, of $5,986.02, and it was on this profit realized by the sale that the assessment of $3,073.16 was made which the company paid, and in this suit seeks to recover. </p> <p> It is obvious from this statement of the case that it presents in so nearly the same form precisely the same questions as were considered in No. 608, <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a href="/case/78875/merchants-loan-trust-co-vs-smietanka"> 255 U. S. 509 </a> </span> , that further discussion of them is unnecessary, and, on the authority of that case, the judgment of the district court is </p> <p> <em> Affirmed. </em> </p> <p> MR. JUSTICE HOLMES and MR. JUSTICE BRANDEIS, because of prior decisions of the Court, concur only in the judgment. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Mager', 'sub' => null, 'link' => '/cases/federal/us/255/522/', 'circuit' => null ) ), 'casename_url' => 'eldorado-coal-mining-co-vs-mager', 'args' => array( (int) 0 => '93488', (int) 1 => 'eldorado-coal-mining-co-vs-mager' ) ) $title_for_layout = 'Eldorado Coal and Mining Co Vs Mager - Citation 93488 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '93488', 'acts' => null, 'appealno' => '255 U.S. 522', 'appellant' => 'Eldorado Coal and Mining Co.', 'authreffered' => null, 'casename' => 'Eldorado Coal and Mining Co. Vs. Mager', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1921-03-28', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Eldorado Coal & Mining Co. v. Mager - 255 U.S. 522 (1921) <br/> <span> U.S. Supreme Court Eldorado Coal & Mining Co. v. Mager, 255 U.S. 522 (1921) </span> <p> <b> Eldorado Coal & Mining Co. v. Mager </b> </p> <p> <b> No. 609 </b> </p> <p> <b> Argued January 12, 1921 </b> </p> <p> <b> Decided March 28, 1921 </b> </p> <p> <b> 255 U.S. 522 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE DISTRICT COURT OF THE UNITED STATES </em> </p> <p> <em> FOR THE NORTHERN DISTRICT OF ILLINOIS </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> A mining corporation, upon a sale of its mine and plant in 1917, realized a profit representing an appreciation in their value since March 1, 1913. <em> Held </em> that the increase was taxable as income. P. <span> <a> 255 U. S. 526 </a> </span> . <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a> 255 U. S. 509 </a> </span> . </p> <p> Affirmed. </p> <p> The case is stated in the opinion. </p> <p> <a> Page 255 U. S. 525 </a> </p> <p> </p> <p> MR. JUSTICE CLARKE delivered the opinion of the Court. </p> <p> This case comes into this Court on a writ of error to review a judgment of the District Court of the United States for the Northern District of Illinois sustaining a demurrer to a declaration in assumpsit to recover an assessment of income and excess profits taxes for the year 1917 under warrant of the Income Tax Act of Congress approved September 8, 1916 (39 Stat. c. 463, p. 756) as amended by the act approved October 3, 1917, c. 63, 40 Stat. 300. Payment was made under protest, and the claim to recover is based upon the same contention dealt with in No. 608, <span> <a> 255 U. S. 509 </a> </span> , that the fund taxed was not "income" within the scope of the Sixteenth Amendment to the Constitution of the United States, and that the effect given by the lower court to the act renders it unconstitutional and void. </p> <p> The Eldorado Coal & Mining Company is an Indiana </p> <p> <a> Page 255 U. S. 526 </a> </p> <p> corporation which operated a bituminous coal mine and mining plant which it sold in May, 1917, for cash. The company retained its accounts receivable and, prior to September 30, 1917, it distributed among its stockholders, proportionately to their ownership of stocks, the cash received from the sale, and the accounts receivable in kind. The corporation, however, was not dissolved, nor its charter surrendered, because there were unsettled liabilities against it for federal income taxes and excess profit taxes. Otherwise, its affairs were wound up. </p> <p> It is averred in the declaration that, taking the fair market value as of March 1, 1913, of the capital assets of the company invested and employed in its business, and adding thereto the cost of additions and betterments, and subtracting depreciation and depletion to the date of sale, it appears that there was an appreciation in value of the property after March 1, 1913, of $5,986.02, and it was on this profit realized by the sale that the assessment of $3,073.16 was made which the company paid, and in this suit seeks to recover. </p> <p> It is obvious from this statement of the case that it presents in so nearly the same form precisely the same questions as were considered in No. 608, <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a> 255 U. S. 509 </a> </span> , that further discussion of them is unnecessary, and, on the authority of that case, the judgment of the district court is </p> <p> <em> Affirmed. </em> </p> <p> MR. JUSTICE HOLMES and MR. JUSTICE BRANDEIS, because of prior decisions of the Court, concur only in the judgment. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Mager', 'sub' => null, 'link' => '/cases/federal/us/255/522/', 'circuit' => null ) ) $casename_url = 'eldorado-coal-mining-co-vs-mager' $args = array( (int) 0 => '93488', (int) 1 => 'eldorado-coal-mining-co-vs-mager' ) $url = 'https://sooperkanoon.com/case/amp/93488/eldorado-coal-mining-co-vs-mager' $ctype = '' $date = array( (int) 0 => 'Mar', (int) 1 => '28', (int) 2 => '1921' ) $content = array( (int) 0 => '<html><head></head><body><div> Eldorado Coal & Mining Co. v. Mager - 255 U.S. 522 (1921) <br/> <span> U.S. Supreme Court Eldorado Coal & Mining Co. v. Mager, 255 U.S. 522 (1921) </span> <p> <b> Eldorado Coal & Mining Co. v. Mager </b> ', (int) 1 => ' <p> <b> No. 609 </b> ', (int) 2 => ' <p> <b> Argued January 12, 1921 </b> ', (int) 3 => ' <p> <b> Decided March 28, 1921 </b> ', (int) 4 => ' <p> <b> 255 U.S. 522 </b> ', (int) 5 => ' <p> <b> </b> ', (int) 6 => ' <p> <em> ERROR TO THE DISTRICT COURT OF THE UNITED STATES </em> ', (int) 7 => ' <p> <em> FOR THE NORTHERN DISTRICT OF ILLINOIS </em> ', (int) 8 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 9 => ' <p> A mining corporation, upon a sale of its mine and plant in 1917, realized a profit representing an appreciation in their value since March 1, 1913. <em> Held </em> that the increase was taxable as income. P. <span> <a> 255 U. S. 526 </a> </span> . <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a> 255 U. S. 509 </a> </span> . ', (int) 10 => ' <p> Affirmed. ', (int) 11 => ' <p> The case is stated in the opinion. ', (int) 12 => ' <p> <a> Page 255 U. S. 525 </a> ', (int) 13 => ' <p> ', (int) 14 => ' <p> MR. JUSTICE CLARKE delivered the opinion of the Court. ', (int) 15 => ' <p> This case comes into this Court on a writ of error to review a judgment of the District Court of the United States for the Northern District of Illinois sustaining a demurrer to a declaration in assumpsit to recover an assessment of income and excess profits taxes for the year 1917 under warrant of the Income Tax Act of Congress approved September 8, 1916 (39 Stat. c. 463, p. 756) as amended by the act approved October 3, 1917, c. 63, 40 Stat. 300. Payment was made under protest, and the claim to recover is based upon the same contention dealt with in No. 608, <span> <a> 255 U. S. 509 </a> </span> , that the fund taxed was not "income" within the scope of the Sixteenth Amendment to the Constitution of the United States, and that the effect given by the lower court to the act renders it unconstitutional and void. ', (int) 16 => ' <p> The Eldorado Coal & Mining Company is an Indiana ', (int) 17 => ' <p> <a> Page 255 U. S. 526 </a> ', (int) 18 => ' <p> corporation which operated a bituminous coal mine and mining plant which it sold in May, 1917, for cash. The company retained its accounts receivable and, prior to September 30, 1917, it distributed among its stockholders, proportionately to their ownership of stocks, the cash received from the sale, and the accounts receivable in kind. The corporation, however, was not dissolved, nor its charter surrendered, because there were unsettled liabilities against it for federal income taxes and excess profit taxes. Otherwise, its affairs were wound up. ', (int) 19 => ' <p> It is averred in the declaration that, taking the fair market value as of March 1, 1913, of the capital assets of the company invested and employed in its business, and adding thereto the cost of additions and betterments, and subtracting depreciation and depletion to the date of sale, it appears that there was an appreciation in value of the property after March 1, 1913, of $5,986.02, and it was on this profit realized by the sale that the assessment of $3,073.16 was made which the company paid, and in this suit seeks to recover. ', (int) 20 => ' <p> It is obvious from this statement of the case that it presents in so nearly the same form precisely the same questions as were considered in No. 608, <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a> 255 U. S. 509 </a> </span> , that further discussion of them is unnecessary, and, on the authority of that case, the judgment of the district court is ', (int) 21 => ' <p> <em> Affirmed. </em> ', (int) 22 => ' <p> MR. JUSTICE HOLMES and MR. JUSTICE BRANDEIS, because of prior decisions of the Court, concur only in the judgment. ', (int) 23 => ' <br/> <br/> </div></body></html>' ) $paragraphAfter = (int) 1 $cnt = (int) 24 $i = (int) 20include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
It is obvious from this statement of the case that it presents in so nearly the same form precisely the same questions as were considered in No. 608, Merchants' Loan & Trust Co. v. Smietanka, ante, 255 U. S. 509 , that further discussion of them is unnecessary, and, on the authority of that case, the judgment of the district court is
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Eldorado Coal and Mining Co Vs Mager - Citation 93488 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '93488', 'acts' => null, 'appealno' => '255 U.S. 522', 'appellant' => 'Eldorado Coal and Mining Co.', 'authreffered' => null, 'casename' => 'Eldorado Coal and Mining Co. Vs. Mager', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1921-03-28', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Eldorado Coal & Mining Co. v. Mager - 255 U.S. 522 (1921) <br/> <span> U.S. Supreme Court Eldorado Coal & Mining Co. v. Mager, 255 U.S. 522 (1921) </span> <p> <b> Eldorado Coal & Mining Co. v. Mager </b> </p> <p> <b> No. 609 </b> </p> <p> <b> Argued January 12, 1921 </b> </p> <p> <b> Decided March 28, 1921 </b> </p> <p> <b> 255 U.S. 522 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE DISTRICT COURT OF THE UNITED STATES </em> </p> <p> <em> FOR THE NORTHERN DISTRICT OF ILLINOIS </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> A mining corporation, upon a sale of its mine and plant in 1917, realized a profit representing an appreciation in their value since March 1, 1913. <em> Held </em> that the increase was taxable as income. P. <span> <a href="/case/93488/eldorado-coal-mining-co-vs-mager#526"> 255 U. S. 526 </a> </span> . <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a href="/case/78875/merchants-loan-trust-co-vs-smietanka"> 255 U. S. 509 </a> </span> . </p> <p> Affirmed. </p> <p> The case is stated in the opinion. </p> <p> <a class="page-number" id="525"> Page 255 U. S. 525 </a> </p> <p> </p> <p> MR. JUSTICE CLARKE delivered the opinion of the Court. </p> <p> This case comes into this Court on a writ of error to review a judgment of the District Court of the United States for the Northern District of Illinois sustaining a demurrer to a declaration in assumpsit to recover an assessment of income and excess profits taxes for the year 1917 under warrant of the Income Tax Act of Congress approved September 8, 1916 (39 Stat. c. 463, p. 756) as amended by the act approved October 3, 1917, c. 63, 40 Stat. 300. Payment was made under protest, and the claim to recover is based upon the same contention dealt with in No. 608, <span> <a href="/case/78875/merchants-loan-trust-co-vs-smietanka"> 255 U. S. 509 </a> </span> , that the fund taxed was not "income" within the scope of the Sixteenth Amendment to the Constitution of the United States, and that the effect given by the lower court to the act renders it unconstitutional and void. </p> <p> The Eldorado Coal & Mining Company is an Indiana </p> <p> <a class="page-number" id="526"> Page 255 U. S. 526 </a> </p> <p> corporation which operated a bituminous coal mine and mining plant which it sold in May, 1917, for cash. The company retained its accounts receivable and, prior to September 30, 1917, it distributed among its stockholders, proportionately to their ownership of stocks, the cash received from the sale, and the accounts receivable in kind. The corporation, however, was not dissolved, nor its charter surrendered, because there were unsettled liabilities against it for federal income taxes and excess profit taxes. Otherwise, its affairs were wound up. </p> <p> It is averred in the declaration that, taking the fair market value as of March 1, 1913, of the capital assets of the company invested and employed in its business, and adding thereto the cost of additions and betterments, and subtracting depreciation and depletion to the date of sale, it appears that there was an appreciation in value of the property after March 1, 1913, of $5,986.02, and it was on this profit realized by the sale that the assessment of $3,073.16 was made which the company paid, and in this suit seeks to recover. </p> <p> It is obvious from this statement of the case that it presents in so nearly the same form precisely the same questions as were considered in No. 608, <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a href="/case/78875/merchants-loan-trust-co-vs-smietanka"> 255 U. S. 509 </a> </span> , that further discussion of them is unnecessary, and, on the authority of that case, the judgment of the district court is </p> <p> <em> Affirmed. </em> </p> <p> MR. JUSTICE HOLMES and MR. JUSTICE BRANDEIS, because of prior decisions of the Court, concur only in the judgment. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Mager', 'sub' => null, 'link' => '/cases/federal/us/255/522/', 'circuit' => null ) ), 'casename_url' => 'eldorado-coal-mining-co-vs-mager', 'args' => array( (int) 0 => '93488', (int) 1 => 'eldorado-coal-mining-co-vs-mager' ) ) $title_for_layout = 'Eldorado Coal and Mining Co Vs Mager - Citation 93488 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '93488', 'acts' => null, 'appealno' => '255 U.S. 522', 'appellant' => 'Eldorado Coal and Mining Co.', 'authreffered' => null, 'casename' => 'Eldorado Coal and Mining Co. Vs. Mager', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1921-03-28', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Eldorado Coal & Mining Co. v. Mager - 255 U.S. 522 (1921) <br/> <span> U.S. Supreme Court Eldorado Coal & Mining Co. v. Mager, 255 U.S. 522 (1921) </span> <p> <b> Eldorado Coal & Mining Co. v. Mager </b> </p> <p> <b> No. 609 </b> </p> <p> <b> Argued January 12, 1921 </b> </p> <p> <b> Decided March 28, 1921 </b> </p> <p> <b> 255 U.S. 522 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE DISTRICT COURT OF THE UNITED STATES </em> </p> <p> <em> FOR THE NORTHERN DISTRICT OF ILLINOIS </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> A mining corporation, upon a sale of its mine and plant in 1917, realized a profit representing an appreciation in their value since March 1, 1913. <em> Held </em> that the increase was taxable as income. P. <span> <a> 255 U. S. 526 </a> </span> . <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a> 255 U. S. 509 </a> </span> . </p> <p> Affirmed. </p> <p> The case is stated in the opinion. </p> <p> <a> Page 255 U. S. 525 </a> </p> <p> </p> <p> MR. JUSTICE CLARKE delivered the opinion of the Court. </p> <p> This case comes into this Court on a writ of error to review a judgment of the District Court of the United States for the Northern District of Illinois sustaining a demurrer to a declaration in assumpsit to recover an assessment of income and excess profits taxes for the year 1917 under warrant of the Income Tax Act of Congress approved September 8, 1916 (39 Stat. c. 463, p. 756) as amended by the act approved October 3, 1917, c. 63, 40 Stat. 300. Payment was made under protest, and the claim to recover is based upon the same contention dealt with in No. 608, <span> <a> 255 U. S. 509 </a> </span> , that the fund taxed was not "income" within the scope of the Sixteenth Amendment to the Constitution of the United States, and that the effect given by the lower court to the act renders it unconstitutional and void. </p> <p> The Eldorado Coal & Mining Company is an Indiana </p> <p> <a> Page 255 U. S. 526 </a> </p> <p> corporation which operated a bituminous coal mine and mining plant which it sold in May, 1917, for cash. The company retained its accounts receivable and, prior to September 30, 1917, it distributed among its stockholders, proportionately to their ownership of stocks, the cash received from the sale, and the accounts receivable in kind. The corporation, however, was not dissolved, nor its charter surrendered, because there were unsettled liabilities against it for federal income taxes and excess profit taxes. Otherwise, its affairs were wound up. </p> <p> It is averred in the declaration that, taking the fair market value as of March 1, 1913, of the capital assets of the company invested and employed in its business, and adding thereto the cost of additions and betterments, and subtracting depreciation and depletion to the date of sale, it appears that there was an appreciation in value of the property after March 1, 1913, of $5,986.02, and it was on this profit realized by the sale that the assessment of $3,073.16 was made which the company paid, and in this suit seeks to recover. </p> <p> It is obvious from this statement of the case that it presents in so nearly the same form precisely the same questions as were considered in No. 608, <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a> 255 U. S. 509 </a> </span> , that further discussion of them is unnecessary, and, on the authority of that case, the judgment of the district court is </p> <p> <em> Affirmed. </em> </p> <p> MR. JUSTICE HOLMES and MR. JUSTICE BRANDEIS, because of prior decisions of the Court, concur only in the judgment. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Mager', 'sub' => null, 'link' => '/cases/federal/us/255/522/', 'circuit' => null ) ) $casename_url = 'eldorado-coal-mining-co-vs-mager' $args = array( (int) 0 => '93488', (int) 1 => 'eldorado-coal-mining-co-vs-mager' ) $url = 'https://sooperkanoon.com/case/amp/93488/eldorado-coal-mining-co-vs-mager' $ctype = '' $date = array( (int) 0 => 'Mar', (int) 1 => '28', (int) 2 => '1921' ) $content = array( (int) 0 => '<html><head></head><body><div> Eldorado Coal & Mining Co. v. Mager - 255 U.S. 522 (1921) <br/> <span> U.S. Supreme Court Eldorado Coal & Mining Co. v. Mager, 255 U.S. 522 (1921) </span> <p> <b> Eldorado Coal & Mining Co. v. Mager </b> ', (int) 1 => ' <p> <b> No. 609 </b> ', (int) 2 => ' <p> <b> Argued January 12, 1921 </b> ', (int) 3 => ' <p> <b> Decided March 28, 1921 </b> ', (int) 4 => ' <p> <b> 255 U.S. 522 </b> ', (int) 5 => ' <p> <b> </b> ', (int) 6 => ' <p> <em> ERROR TO THE DISTRICT COURT OF THE UNITED STATES </em> ', (int) 7 => ' <p> <em> FOR THE NORTHERN DISTRICT OF ILLINOIS </em> ', (int) 8 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 9 => ' <p> A mining corporation, upon a sale of its mine and plant in 1917, realized a profit representing an appreciation in their value since March 1, 1913. <em> Held </em> that the increase was taxable as income. P. <span> <a> 255 U. S. 526 </a> </span> . <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a> 255 U. S. 509 </a> </span> . ', (int) 10 => ' <p> Affirmed. ', (int) 11 => ' <p> The case is stated in the opinion. ', (int) 12 => ' <p> <a> Page 255 U. S. 525 </a> ', (int) 13 => ' <p> ', (int) 14 => ' <p> MR. JUSTICE CLARKE delivered the opinion of the Court. ', (int) 15 => ' <p> This case comes into this Court on a writ of error to review a judgment of the District Court of the United States for the Northern District of Illinois sustaining a demurrer to a declaration in assumpsit to recover an assessment of income and excess profits taxes for the year 1917 under warrant of the Income Tax Act of Congress approved September 8, 1916 (39 Stat. c. 463, p. 756) as amended by the act approved October 3, 1917, c. 63, 40 Stat. 300. Payment was made under protest, and the claim to recover is based upon the same contention dealt with in No. 608, <span> <a> 255 U. S. 509 </a> </span> , that the fund taxed was not "income" within the scope of the Sixteenth Amendment to the Constitution of the United States, and that the effect given by the lower court to the act renders it unconstitutional and void. ', (int) 16 => ' <p> The Eldorado Coal & Mining Company is an Indiana ', (int) 17 => ' <p> <a> Page 255 U. S. 526 </a> ', (int) 18 => ' <p> corporation which operated a bituminous coal mine and mining plant which it sold in May, 1917, for cash. The company retained its accounts receivable and, prior to September 30, 1917, it distributed among its stockholders, proportionately to their ownership of stocks, the cash received from the sale, and the accounts receivable in kind. The corporation, however, was not dissolved, nor its charter surrendered, because there were unsettled liabilities against it for federal income taxes and excess profit taxes. Otherwise, its affairs were wound up. ', (int) 19 => ' <p> It is averred in the declaration that, taking the fair market value as of March 1, 1913, of the capital assets of the company invested and employed in its business, and adding thereto the cost of additions and betterments, and subtracting depreciation and depletion to the date of sale, it appears that there was an appreciation in value of the property after March 1, 1913, of $5,986.02, and it was on this profit realized by the sale that the assessment of $3,073.16 was made which the company paid, and in this suit seeks to recover. ', (int) 20 => ' <p> It is obvious from this statement of the case that it presents in so nearly the same form precisely the same questions as were considered in No. 608, <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a> 255 U. S. 509 </a> </span> , that further discussion of them is unnecessary, and, on the authority of that case, the judgment of the district court is ', (int) 21 => ' <p> <em> Affirmed. </em> ', (int) 22 => ' <p> MR. JUSTICE HOLMES and MR. JUSTICE BRANDEIS, because of prior decisions of the Court, concur only in the judgment. ', (int) 23 => ' <br/> <br/> </div></body></html>' ) $paragraphAfter = (int) 1 $cnt = (int) 24 $i = (int) 21include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
Affirmed.
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Eldorado Coal and Mining Co Vs Mager - Citation 93488 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '93488', 'acts' => null, 'appealno' => '255 U.S. 522', 'appellant' => 'Eldorado Coal and Mining Co.', 'authreffered' => null, 'casename' => 'Eldorado Coal and Mining Co. Vs. Mager', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1921-03-28', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Eldorado Coal & Mining Co. v. Mager - 255 U.S. 522 (1921) <br/> <span> U.S. Supreme Court Eldorado Coal & Mining Co. v. Mager, 255 U.S. 522 (1921) </span> <p> <b> Eldorado Coal & Mining Co. v. Mager </b> </p> <p> <b> No. 609 </b> </p> <p> <b> Argued January 12, 1921 </b> </p> <p> <b> Decided March 28, 1921 </b> </p> <p> <b> 255 U.S. 522 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE DISTRICT COURT OF THE UNITED STATES </em> </p> <p> <em> FOR THE NORTHERN DISTRICT OF ILLINOIS </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> A mining corporation, upon a sale of its mine and plant in 1917, realized a profit representing an appreciation in their value since March 1, 1913. <em> Held </em> that the increase was taxable as income. P. <span> <a href="/case/93488/eldorado-coal-mining-co-vs-mager#526"> 255 U. S. 526 </a> </span> . <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a href="/case/78875/merchants-loan-trust-co-vs-smietanka"> 255 U. S. 509 </a> </span> . </p> <p> Affirmed. </p> <p> The case is stated in the opinion. </p> <p> <a class="page-number" id="525"> Page 255 U. S. 525 </a> </p> <p> </p> <p> MR. JUSTICE CLARKE delivered the opinion of the Court. </p> <p> This case comes into this Court on a writ of error to review a judgment of the District Court of the United States for the Northern District of Illinois sustaining a demurrer to a declaration in assumpsit to recover an assessment of income and excess profits taxes for the year 1917 under warrant of the Income Tax Act of Congress approved September 8, 1916 (39 Stat. c. 463, p. 756) as amended by the act approved October 3, 1917, c. 63, 40 Stat. 300. Payment was made under protest, and the claim to recover is based upon the same contention dealt with in No. 608, <span> <a href="/case/78875/merchants-loan-trust-co-vs-smietanka"> 255 U. S. 509 </a> </span> , that the fund taxed was not "income" within the scope of the Sixteenth Amendment to the Constitution of the United States, and that the effect given by the lower court to the act renders it unconstitutional and void. </p> <p> The Eldorado Coal & Mining Company is an Indiana </p> <p> <a class="page-number" id="526"> Page 255 U. S. 526 </a> </p> <p> corporation which operated a bituminous coal mine and mining plant which it sold in May, 1917, for cash. The company retained its accounts receivable and, prior to September 30, 1917, it distributed among its stockholders, proportionately to their ownership of stocks, the cash received from the sale, and the accounts receivable in kind. The corporation, however, was not dissolved, nor its charter surrendered, because there were unsettled liabilities against it for federal income taxes and excess profit taxes. Otherwise, its affairs were wound up. </p> <p> It is averred in the declaration that, taking the fair market value as of March 1, 1913, of the capital assets of the company invested and employed in its business, and adding thereto the cost of additions and betterments, and subtracting depreciation and depletion to the date of sale, it appears that there was an appreciation in value of the property after March 1, 1913, of $5,986.02, and it was on this profit realized by the sale that the assessment of $3,073.16 was made which the company paid, and in this suit seeks to recover. </p> <p> It is obvious from this statement of the case that it presents in so nearly the same form precisely the same questions as were considered in No. 608, <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a href="/case/78875/merchants-loan-trust-co-vs-smietanka"> 255 U. S. 509 </a> </span> , that further discussion of them is unnecessary, and, on the authority of that case, the judgment of the district court is </p> <p> <em> Affirmed. </em> </p> <p> MR. JUSTICE HOLMES and MR. JUSTICE BRANDEIS, because of prior decisions of the Court, concur only in the judgment. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Mager', 'sub' => null, 'link' => '/cases/federal/us/255/522/', 'circuit' => null ) ), 'casename_url' => 'eldorado-coal-mining-co-vs-mager', 'args' => array( (int) 0 => '93488', (int) 1 => 'eldorado-coal-mining-co-vs-mager' ) ) $title_for_layout = 'Eldorado Coal and Mining Co Vs Mager - Citation 93488 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '93488', 'acts' => null, 'appealno' => '255 U.S. 522', 'appellant' => 'Eldorado Coal and Mining Co.', 'authreffered' => null, 'casename' => 'Eldorado Coal and Mining Co. Vs. Mager', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1921-03-28', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Eldorado Coal & Mining Co. v. Mager - 255 U.S. 522 (1921) <br/> <span> U.S. Supreme Court Eldorado Coal & Mining Co. v. Mager, 255 U.S. 522 (1921) </span> <p> <b> Eldorado Coal & Mining Co. v. Mager </b> </p> <p> <b> No. 609 </b> </p> <p> <b> Argued January 12, 1921 </b> </p> <p> <b> Decided March 28, 1921 </b> </p> <p> <b> 255 U.S. 522 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE DISTRICT COURT OF THE UNITED STATES </em> </p> <p> <em> FOR THE NORTHERN DISTRICT OF ILLINOIS </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> A mining corporation, upon a sale of its mine and plant in 1917, realized a profit representing an appreciation in their value since March 1, 1913. <em> Held </em> that the increase was taxable as income. P. <span> <a> 255 U. S. 526 </a> </span> . <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a> 255 U. S. 509 </a> </span> . </p> <p> Affirmed. </p> <p> The case is stated in the opinion. </p> <p> <a> Page 255 U. S. 525 </a> </p> <p> </p> <p> MR. JUSTICE CLARKE delivered the opinion of the Court. </p> <p> This case comes into this Court on a writ of error to review a judgment of the District Court of the United States for the Northern District of Illinois sustaining a demurrer to a declaration in assumpsit to recover an assessment of income and excess profits taxes for the year 1917 under warrant of the Income Tax Act of Congress approved September 8, 1916 (39 Stat. c. 463, p. 756) as amended by the act approved October 3, 1917, c. 63, 40 Stat. 300. Payment was made under protest, and the claim to recover is based upon the same contention dealt with in No. 608, <span> <a> 255 U. S. 509 </a> </span> , that the fund taxed was not "income" within the scope of the Sixteenth Amendment to the Constitution of the United States, and that the effect given by the lower court to the act renders it unconstitutional and void. </p> <p> The Eldorado Coal & Mining Company is an Indiana </p> <p> <a> Page 255 U. S. 526 </a> </p> <p> corporation which operated a bituminous coal mine and mining plant which it sold in May, 1917, for cash. The company retained its accounts receivable and, prior to September 30, 1917, it distributed among its stockholders, proportionately to their ownership of stocks, the cash received from the sale, and the accounts receivable in kind. The corporation, however, was not dissolved, nor its charter surrendered, because there were unsettled liabilities against it for federal income taxes and excess profit taxes. Otherwise, its affairs were wound up. </p> <p> It is averred in the declaration that, taking the fair market value as of March 1, 1913, of the capital assets of the company invested and employed in its business, and adding thereto the cost of additions and betterments, and subtracting depreciation and depletion to the date of sale, it appears that there was an appreciation in value of the property after March 1, 1913, of $5,986.02, and it was on this profit realized by the sale that the assessment of $3,073.16 was made which the company paid, and in this suit seeks to recover. </p> <p> It is obvious from this statement of the case that it presents in so nearly the same form precisely the same questions as were considered in No. 608, <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a> 255 U. S. 509 </a> </span> , that further discussion of them is unnecessary, and, on the authority of that case, the judgment of the district court is </p> <p> <em> Affirmed. </em> </p> <p> MR. JUSTICE HOLMES and MR. JUSTICE BRANDEIS, because of prior decisions of the Court, concur only in the judgment. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Mager', 'sub' => null, 'link' => '/cases/federal/us/255/522/', 'circuit' => null ) ) $casename_url = 'eldorado-coal-mining-co-vs-mager' $args = array( (int) 0 => '93488', (int) 1 => 'eldorado-coal-mining-co-vs-mager' ) $url = 'https://sooperkanoon.com/case/amp/93488/eldorado-coal-mining-co-vs-mager' $ctype = '' $date = array( (int) 0 => 'Mar', (int) 1 => '28', (int) 2 => '1921' ) $content = array( (int) 0 => '<html><head></head><body><div> Eldorado Coal & Mining Co. v. Mager - 255 U.S. 522 (1921) <br/> <span> U.S. Supreme Court Eldorado Coal & Mining Co. v. Mager, 255 U.S. 522 (1921) </span> <p> <b> Eldorado Coal & Mining Co. v. Mager </b> ', (int) 1 => ' <p> <b> No. 609 </b> ', (int) 2 => ' <p> <b> Argued January 12, 1921 </b> ', (int) 3 => ' <p> <b> Decided March 28, 1921 </b> ', (int) 4 => ' <p> <b> 255 U.S. 522 </b> ', (int) 5 => ' <p> <b> </b> ', (int) 6 => ' <p> <em> ERROR TO THE DISTRICT COURT OF THE UNITED STATES </em> ', (int) 7 => ' <p> <em> FOR THE NORTHERN DISTRICT OF ILLINOIS </em> ', (int) 8 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 9 => ' <p> A mining corporation, upon a sale of its mine and plant in 1917, realized a profit representing an appreciation in their value since March 1, 1913. <em> Held </em> that the increase was taxable as income. P. <span> <a> 255 U. S. 526 </a> </span> . <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a> 255 U. S. 509 </a> </span> . ', (int) 10 => ' <p> Affirmed. ', (int) 11 => ' <p> The case is stated in the opinion. ', (int) 12 => ' <p> <a> Page 255 U. S. 525 </a> ', (int) 13 => ' <p> ', (int) 14 => ' <p> MR. JUSTICE CLARKE delivered the opinion of the Court. ', (int) 15 => ' <p> This case comes into this Court on a writ of error to review a judgment of the District Court of the United States for the Northern District of Illinois sustaining a demurrer to a declaration in assumpsit to recover an assessment of income and excess profits taxes for the year 1917 under warrant of the Income Tax Act of Congress approved September 8, 1916 (39 Stat. c. 463, p. 756) as amended by the act approved October 3, 1917, c. 63, 40 Stat. 300. Payment was made under protest, and the claim to recover is based upon the same contention dealt with in No. 608, <span> <a> 255 U. S. 509 </a> </span> , that the fund taxed was not "income" within the scope of the Sixteenth Amendment to the Constitution of the United States, and that the effect given by the lower court to the act renders it unconstitutional and void. ', (int) 16 => ' <p> The Eldorado Coal & Mining Company is an Indiana ', (int) 17 => ' <p> <a> Page 255 U. S. 526 </a> ', (int) 18 => ' <p> corporation which operated a bituminous coal mine and mining plant which it sold in May, 1917, for cash. The company retained its accounts receivable and, prior to September 30, 1917, it distributed among its stockholders, proportionately to their ownership of stocks, the cash received from the sale, and the accounts receivable in kind. The corporation, however, was not dissolved, nor its charter surrendered, because there were unsettled liabilities against it for federal income taxes and excess profit taxes. Otherwise, its affairs were wound up. ', (int) 19 => ' <p> It is averred in the declaration that, taking the fair market value as of March 1, 1913, of the capital assets of the company invested and employed in its business, and adding thereto the cost of additions and betterments, and subtracting depreciation and depletion to the date of sale, it appears that there was an appreciation in value of the property after March 1, 1913, of $5,986.02, and it was on this profit realized by the sale that the assessment of $3,073.16 was made which the company paid, and in this suit seeks to recover. ', (int) 20 => ' <p> It is obvious from this statement of the case that it presents in so nearly the same form precisely the same questions as were considered in No. 608, <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a> 255 U. S. 509 </a> </span> , that further discussion of them is unnecessary, and, on the authority of that case, the judgment of the district court is ', (int) 21 => ' <p> <em> Affirmed. </em> ', (int) 22 => ' <p> MR. JUSTICE HOLMES and MR. JUSTICE BRANDEIS, because of prior decisions of the Court, concur only in the judgment. ', (int) 23 => ' <br/> <br/> </div></body></html>' ) $paragraphAfter = (int) 1 $cnt = (int) 24 $i = (int) 22include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
MR. JUSTICE HOLMES and MR. JUSTICE BRANDEIS, because of prior decisions of the Court, concur only in the judgment.
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Eldorado Coal and Mining Co Vs Mager - Citation 93488 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '93488', 'acts' => null, 'appealno' => '255 U.S. 522', 'appellant' => 'Eldorado Coal and Mining Co.', 'authreffered' => null, 'casename' => 'Eldorado Coal and Mining Co. Vs. Mager', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1921-03-28', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Eldorado Coal & Mining Co. v. Mager - 255 U.S. 522 (1921) <br/> <span> U.S. Supreme Court Eldorado Coal & Mining Co. v. Mager, 255 U.S. 522 (1921) </span> <p> <b> Eldorado Coal & Mining Co. v. Mager </b> </p> <p> <b> No. 609 </b> </p> <p> <b> Argued January 12, 1921 </b> </p> <p> <b> Decided March 28, 1921 </b> </p> <p> <b> 255 U.S. 522 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE DISTRICT COURT OF THE UNITED STATES </em> </p> <p> <em> FOR THE NORTHERN DISTRICT OF ILLINOIS </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> A mining corporation, upon a sale of its mine and plant in 1917, realized a profit representing an appreciation in their value since March 1, 1913. <em> Held </em> that the increase was taxable as income. P. <span> <a href="/case/93488/eldorado-coal-mining-co-vs-mager#526"> 255 U. S. 526 </a> </span> . <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a href="/case/78875/merchants-loan-trust-co-vs-smietanka"> 255 U. S. 509 </a> </span> . </p> <p> Affirmed. </p> <p> The case is stated in the opinion. </p> <p> <a class="page-number" id="525"> Page 255 U. S. 525 </a> </p> <p> </p> <p> MR. JUSTICE CLARKE delivered the opinion of the Court. </p> <p> This case comes into this Court on a writ of error to review a judgment of the District Court of the United States for the Northern District of Illinois sustaining a demurrer to a declaration in assumpsit to recover an assessment of income and excess profits taxes for the year 1917 under warrant of the Income Tax Act of Congress approved September 8, 1916 (39 Stat. c. 463, p. 756) as amended by the act approved October 3, 1917, c. 63, 40 Stat. 300. Payment was made under protest, and the claim to recover is based upon the same contention dealt with in No. 608, <span> <a href="/case/78875/merchants-loan-trust-co-vs-smietanka"> 255 U. S. 509 </a> </span> , that the fund taxed was not "income" within the scope of the Sixteenth Amendment to the Constitution of the United States, and that the effect given by the lower court to the act renders it unconstitutional and void. </p> <p> The Eldorado Coal & Mining Company is an Indiana </p> <p> <a class="page-number" id="526"> Page 255 U. S. 526 </a> </p> <p> corporation which operated a bituminous coal mine and mining plant which it sold in May, 1917, for cash. The company retained its accounts receivable and, prior to September 30, 1917, it distributed among its stockholders, proportionately to their ownership of stocks, the cash received from the sale, and the accounts receivable in kind. The corporation, however, was not dissolved, nor its charter surrendered, because there were unsettled liabilities against it for federal income taxes and excess profit taxes. 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S. 509 </a> </span> , that further discussion of them is unnecessary, and, on the authority of that case, the judgment of the district court is </p> <p> <em> Affirmed. </em> </p> <p> MR. JUSTICE HOLMES and MR. 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Mager </b> </p> <p> <b> No. 609 </b> </p> <p> <b> Argued January 12, 1921 </b> </p> <p> <b> Decided March 28, 1921 </b> </p> <p> <b> 255 U.S. 522 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE DISTRICT COURT OF THE UNITED STATES </em> </p> <p> <em> FOR THE NORTHERN DISTRICT OF ILLINOIS </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> A mining corporation, upon a sale of its mine and plant in 1917, realized a profit representing an appreciation in their value since March 1, 1913. <em> Held </em> that the increase was taxable as income. P. <span> <a> 255 U. S. 526 </a> </span> . <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a> 255 U. S. 509 </a> </span> . </p> <p> Affirmed. </p> <p> The case is stated in the opinion. </p> <p> <a> Page 255 U. S. 525 </a> </p> <p> </p> <p> MR. JUSTICE CLARKE delivered the opinion of the Court. </p> <p> This case comes into this Court on a writ of error to review a judgment of the District Court of the United States for the Northern District of Illinois sustaining a demurrer to a declaration in assumpsit to recover an assessment of income and excess profits taxes for the year 1917 under warrant of the Income Tax Act of Congress approved September 8, 1916 (39 Stat. c. 463, p. 756) as amended by the act approved October 3, 1917, c. 63, 40 Stat. 300. Payment was made under protest, and the claim to recover is based upon the same contention dealt with in No. 608, <span> <a> 255 U. S. 509 </a> </span> , that the fund taxed was not "income" within the scope of the Sixteenth Amendment to the Constitution of the United States, and that the effect given by the lower court to the act renders it unconstitutional and void. </p> <p> The Eldorado Coal & Mining Company is an Indiana </p> <p> <a> Page 255 U. S. 526 </a> </p> <p> corporation which operated a bituminous coal mine and mining plant which it sold in May, 1917, for cash. The company retained its accounts receivable and, prior to September 30, 1917, it distributed among its stockholders, proportionately to their ownership of stocks, the cash received from the sale, and the accounts receivable in kind. The corporation, however, was not dissolved, nor its charter surrendered, because there were unsettled liabilities against it for federal income taxes and excess profit taxes. 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S. 509 </a> </span> , that further discussion of them is unnecessary, and, on the authority of that case, the judgment of the district court is </p> <p> <em> Affirmed. </em> </p> <p> MR. JUSTICE HOLMES and MR. JUSTICE BRANDEIS, because of prior decisions of the Court, concur only in the judgment. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Mager', 'sub' => null, 'link' => '/cases/federal/us/255/522/', 'circuit' => null ) ) $casename_url = 'eldorado-coal-mining-co-vs-mager' $args = array( (int) 0 => '93488', (int) 1 => 'eldorado-coal-mining-co-vs-mager' ) $url = 'https://sooperkanoon.com/case/amp/93488/eldorado-coal-mining-co-vs-mager' $ctype = '' $date = array( (int) 0 => 'Mar', (int) 1 => '28', (int) 2 => '1921' ) $content = array( (int) 0 => '<html><head></head><body><div> Eldorado Coal & Mining Co. v. Mager - 255 U.S. 522 (1921) <br/> <span> U.S. Supreme Court Eldorado Coal & Mining Co. v. Mager, 255 U.S. 522 (1921) </span> <p> <b> Eldorado Coal & Mining Co. v. Mager </b> ', (int) 1 => ' <p> <b> No. 609 </b> ', (int) 2 => ' <p> <b> Argued January 12, 1921 </b> ', (int) 3 => ' <p> <b> Decided March 28, 1921 </b> ', (int) 4 => ' <p> <b> 255 U.S. 522 </b> ', (int) 5 => ' <p> <b> </b> ', (int) 6 => ' <p> <em> ERROR TO THE DISTRICT COURT OF THE UNITED STATES </em> ', (int) 7 => ' <p> <em> FOR THE NORTHERN DISTRICT OF ILLINOIS </em> ', (int) 8 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 9 => ' <p> A mining corporation, upon a sale of its mine and plant in 1917, realized a profit representing an appreciation in their value since March 1, 1913. <em> Held </em> that the increase was taxable as income. P. <span> <a> 255 U. S. 526 </a> </span> . <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a> 255 U. S. 509 </a> </span> . ', (int) 10 => ' <p> Affirmed. ', (int) 11 => ' <p> The case is stated in the opinion. ', (int) 12 => ' <p> <a> Page 255 U. S. 525 </a> ', (int) 13 => ' <p> ', (int) 14 => ' <p> MR. JUSTICE CLARKE delivered the opinion of the Court. ', (int) 15 => ' <p> This case comes into this Court on a writ of error to review a judgment of the District Court of the United States for the Northern District of Illinois sustaining a demurrer to a declaration in assumpsit to recover an assessment of income and excess profits taxes for the year 1917 under warrant of the Income Tax Act of Congress approved September 8, 1916 (39 Stat. c. 463, p. 756) as amended by the act approved October 3, 1917, c. 63, 40 Stat. 300. Payment was made under protest, and the claim to recover is based upon the same contention dealt with in No. 608, <span> <a> 255 U. S. 509 </a> </span> , that the fund taxed was not "income" within the scope of the Sixteenth Amendment to the Constitution of the United States, and that the effect given by the lower court to the act renders it unconstitutional and void. ', (int) 16 => ' <p> The Eldorado Coal & Mining Company is an Indiana ', (int) 17 => ' <p> <a> Page 255 U. S. 526 </a> ', (int) 18 => ' <p> corporation which operated a bituminous coal mine and mining plant which it sold in May, 1917, for cash. The company retained its accounts receivable and, prior to September 30, 1917, it distributed among its stockholders, proportionately to their ownership of stocks, the cash received from the sale, and the accounts receivable in kind. The corporation, however, was not dissolved, nor its charter surrendered, because there were unsettled liabilities against it for federal income taxes and excess profit taxes. Otherwise, its affairs were wound up. ', (int) 19 => ' <p> It is averred in the declaration that, taking the fair market value as of March 1, 1913, of the capital assets of the company invested and employed in its business, and adding thereto the cost of additions and betterments, and subtracting depreciation and depletion to the date of sale, it appears that there was an appreciation in value of the property after March 1, 1913, of $5,986.02, and it was on this profit realized by the sale that the assessment of $3,073.16 was made which the company paid, and in this suit seeks to recover. ', (int) 20 => ' <p> It is obvious from this statement of the case that it presents in so nearly the same form precisely the same questions as were considered in No. 608, <em> Merchants' Loan & Trust Co. v. Smietanka, ante, </em> <span> <a> 255 U. S. 509 </a> </span> , that further discussion of them is unnecessary, and, on the authority of that case, the judgment of the district court is ', (int) 21 => ' <p> <em> Affirmed. </em> ', (int) 22 => ' <p> MR. JUSTICE HOLMES and MR. JUSTICE BRANDEIS, because of prior decisions of the Court, concur only in the judgment. ', (int) 23 => ' <br/> <br/> </div></body></html>' ) $paragraphAfter = (int) 1 $cnt = (int) 24 $i = (int) 23include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109