BRITISH-AMERICAN TOBACCO CO., LTD.,
v.
HELVERING, COMMISSIONER OF INTERNAL REVENUE

U.S. | 1934-11-05
No. 24
293 U.S. 95 Supreme Court of the United States (1934) Caution
Also reported at: 79 L. Ed. 218 · 55 S. Ct. 55 · 1934 U.S. LEXIS 7 · SCDB 1934-038
Cited by 19 cases

Opinion of the Court
Mr. Justice Sutherland,

Opinion of the Court by

Mr. Justice Sutherland,

announced by the Chief Justice.

This is a companion case to No. 10, just decided. The facts, although differing in detail, are in substance the same. The same questions are involved. The court below reversed the Board of Tax Appeals for reasons substantially similar to those we have just expressed in No. 10. 69 F. (2d) 528. Upon the authority of No. 10, ante, p. 84, the judgment below is

Affirmed.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By (13 total)

  • Fla. E. Coast Ry. Co. v. Green, 178 So. 2d 355 (Fla. 1st DCA 1965)
    …above, it is' our opinion that the fundamental rule applicable to the evaluation of railroad prop-* erties is that found in the following language used by the United States Supreme Court in Rowley v. Chicago & Northwestern Railway Co., 293 U.S. 102, 55 S.Ct. 55* 79 L.Ed. 222 (1934), in discussing the assessment of railroad properties by the State of Wyoming: “The ascertainment of the value of a railway system is not a matter of arithmetical calculation and is not governed by any fixed and definite rule. F…
  • Ventura Consolidated Oil Fields v. Rogan, 86 F.2d 149 (9th Cir. 1936)
    …t do equity by paying or offering to pay the amount of the tax justly due. This rule is thoroughly established and is of long standing and has recently been applied by the Supreme Court in the case of Rowley v. Chicago & N. W. Ry. Co., 293 U.S. 102, 55 S.Ct. 55, 79 L.Ed. 222, decided November 5, 1934. I believe that this rule is applicable in a court of equity upon an application of a taxpayer to enjoin the collection of a tax just as it was before the enactment of section 3224 of the Revised Statutes (26…
    1 / 2
  • …lely by capitalizing a hypothetical income figure. Nor do non-discriminatory excessive valuations violate the due process clause. U.S.C.A.Const. Amend. 14. The Supreme Court of the United States, in Rowley v. Chicago & N. W. Ry., 293 U.S. 102, 111, 55 S.Ct. 55, 59, 79 L.Ed. 222, expressed itself in this way; “Overvaluation resulting from error of judgment will not support a claim of discrim [*709] ination. There must be something that amounts to an intention, or the equivalent of fraudulent purpose, to di…

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