BIDDLE v. COMMISSIONER

No. 55.

302 U.S. 573 (1938)

BIDDLE v. COMMISSIONER OF INTERNAL REVENUE.

Supreme Court of United States.

Decided January 10, 1938.


Attorney(s) appearing for the Case

Mr. Frank J. Wideman, with whom Messrs. Forrest Hyde, William R. Spofford and Freeman J. Daniels were on the brief, for petitioner in No. 55.

Mr. William R. Spofford, with whom Mr. Schofield Andrews was on the brief, for respondent in No. 505.

Mr. J. Louis Monarch, with whom Solicitor General Reed, Assistant Attorney General Morris, and Messrs. Sewall Key and F.E. Youngman were on the briefs, for respondent in No. 55 and petitioner in No. 505.

By leave of Court, briefs of amici curiae were filed by Messrs. Ward V. Tolbert and John L. McMaster, on behalf of F.W. Woolworth Co.; Mr. Bernhard Knollenberg, on behalf of the National Cash Register Co.; Mr. Claude R. Branch, on behalf of the United Shoe Machinery Corp.; and Mr. Mitchell B. Carroll, all in support of the taxpayers; and by Mr. William H. Hotchkiss, on behalf of the London & Lancashire Insurance Co., in support of the Government.


MR. JUSTICE STONE delivered the opinion of the Court.

In their British income tax returns, stockholders in British corporations are required to report as income, in addition to the amount of dividends actually received, amounts which reflect their respective proportions of the tax paid by the corporation on its own profits. The principal question raised by these petitions is whether these amounts constitute "income . . . taxes paid or accrued during the taxable year...

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