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" If a taxpayer receives earnings under a claim of right and without restriction as to its disposition, he has received income which he is required to return, even though it may still be claimed that he is not entitled to retain the money, and even though... "
Cases Decided in the Court of Claims of the United States - Page 521
by United States. Court of Claims - 1948
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 286

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - Law reports, digests, etc - 1932 - 720 pages
...income of the company in 1917, when it first became entitled to them and when it actually received them. If a taxpayer receives earnings under a claim of right...be adjudged liable to restore its equivalent. See Board v. Commissioner, 51 F. (2d) 73, 75, 76. Compare United States v. SS White Dental Mfg. Co., 274...
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 286

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - Law reports, digests, etc - 1932 - 762 pages
...income of the company in 1917, when it first became entitled to them and when it actually received them. If a taxpayer receives earnings under a claim of right...be adjudged liable to restore its equivalent. See Board v. Commissioner, 51 F. (2d) 73, 75, 76. Compare United States v. SS White Dental Mfg. Co., 274...
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Reports of the U.S. Board of Tax Appeals, Volume 31

United States. Board of Tax Appeals - Taxation - 1935 - 1394 pages
...The Supreme Court in the North American Oil Consolidated case, laid down the rule as follows: * * * If a taxpayer receives earnings under a claim of right...received income which he is required to return, even thougli it may still be claimed that he is not entitled to retain the money, and even though he may...
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Reports of the U.S. Board of Tax Appeals, Volume 33

United States. Board of Tax Appeals - Taxation - 1936 - 1468 pages
...in which it actually received the proceeds from the operation of the property. It was stated that " If a taxpayer receives earnings under a claim of right...still be adjudged liable to restore its equivalent." Seasoning from the language of the Court in that case, the prevailing opinion ha? In my opinion the...
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The Taxing Power of the Federal and State Governments: Report ..., Volumes 8-11

United States. Congress. Joint Committee on Internal Revenue Taxation - Taxation - 1937 - 144 pages
...When it is that, it may be taxed, though it was in the making long before (citations omitted). But if a taxpayer receives earnings under a claim of right...restriction as to its disposition, he has received income, even though he may still be held liable to restore its equivalent.125" * From the foregoing it is clear...
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Reports of the U.S. Board of Tax Appeals, Volume 35

United States. Board of Tax Appeals - Taxation - 1937 - 1380 pages
...contentions and not those of the respondent. In the course of its opinion the Court stated : * * * If a taxpayer receives earnings under a claim of right...he is required to return, even though it may still he claimed that he Is not entitled to retain the money, and even though he may still be adjudged liable...
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Reports of the U.S. Board of Tax Appeals, Volume 45

United States. Board of Tax Appeals - Taxation - 1942 - 1324 pages
...under a claim of right and without restriction as to its disposition, he has received income which lie is required to return, even though it may still be...adjudged liable to restore its equivalent. » * * See also Cleveland Railway Co. v. Commissioner, 36 Fed. (2cl) 347; certiorari denied, 281 US 743 ; Co-operative...
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 340

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - Courts - 1951 - 956 pages
...principles announced in North American Oil v. Burnet, 286 US 417. In the North American Oil case we said: "If a taxpayer receives earnings under a claim of...still be adjudged liable to restore its equivalent." 286 US at 424. Nothing in this language permits an exception merely because a taxpayer is "mistaken"...
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Tax Cases Decided with Opinions by the Supreme Court of the United States

Congress. Internal Revenue Taxation Joint Committee - 1953
...The usual statement of the rule is that by Mr. Justice Brandeis in the North American Oil opinion : "If a taxpayer receives earnings under a claim of...still be adjudged liable to restore its equivalent." 286 US, at 424. [282] The phrase "claim of right" is a term known of old to lawyers. Its typical use...
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Reports of the Tax Court of the United States, Volume 25

United States. Tax Court - Taxation - 1957 - 1440 pages
...Burnet, 286 US 417, the Supreme Court explained the doctrine which we believe is applicable here: It a taxpayer receives earnings under a claim of right...claimed that he is not entitled to retain the money, nnd even though he may still be adjudged liable to restore its equivalent. * * * as to the disposition...
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