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UNITED STATES v. CLEVELAND & c. RY. CO.

No. 593.

247 U.S. 195 (1918)

UNITED STATES v. CLEVELAND, CINCINNATI, CHICAGO & ST. LOUIS RAILWAY COMPANY.

Supreme Court of United States.

Decided May 20, 1918.

Attorney(s) appearing for the Case

The Solicitor General, with whom Mr. Wm. C. Herron was on the brief, for the United States.

Mr. George Hoadly, with whom Mr. Judson Harmon, Mr. Edward Colston, Mr. A.W. Goldsmith and Mr. Oscar Stoehr were on the briefs, for respondent.

Mr. Robert R. Reed, by leave of court, filed a brief on behalf of the Investment Bankers' Association of America, as amicus curiae.

MR. JUSTICE PITNEY delivered the opinion of the court.

In January, 1900, the respondent purchased 30,000 shares of stock of the Chesapeake & Ohio Railway Company for $981,427.92, and sold them January 28, 1909, for $1,795,719 — a profit of over $814,000. It included no portion of this profit in its return for the year 1909 under the Corporation Excise Tax Act of August 5, 1909, c. 6, 36 Stat. 11, 112, § 38...

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