The United States Court of Appeals for the First Circuit (in case citations, 1st Cir.) is a federal court with appellate jurisdiction over the district courts in the following districts:
MoreSale of Assets and Franchises: , In furtherance and not in limitation of the powers conferred by the laws of the State of Delaware, the board of directors is expressly authorized: * * * to authorize and cause to be executed mortgages and liens upon the property and franchises of this corporation.
Collection of the serial bonds falling due in 1931, with which we are here concerned, involved a net gain which, by virtue of Section 101 of the Revenue Act of 1928, 26 U.S.C.A. There the definition of capital gain as taxable gain from the sale or exchange of capital assets first appeared.
, The pertinent clauses of the charter party, viz., 5, 6, 7, 17, 18 and 21, provided as follows:, 5., Time to commence at 1 P. M. if notice of readiness to load is given before noon and at 6 A. M. next working day if notice given during office hours after noon. 18, 67 L. Ed. 210.
City Sol. 227, 22 L. Ed. 80. Gas Co., 292 U.S. 16, 18, 54 S. Ct. In many cases involving the sale of property by the United States, it has been uniformly held that the interest of the United States held as security, whether legal title, mortgage or lien, is immune from taxation by the state.
, In this case, while the right to the pension under the Act of 1923 was optional, as he might have waived the benefits of the Act before January 1, 1924, the Act of 1925 was found by the Insular Supreme Court to be compulsory, and must be construed in accordance with the general law in such cases.
The Maryland Corporation agreed that as such exchanges were made, it would surrender to the New York Company its old shares of common stock, which formed its principal asset, in such amounts as were represented by the amounts of new common stock so issued. Helvering v. Kolb, supra;
The facts in the case are not in dispute., It is to be noted that the Boston Safe Deposit Trust Company is named in the policies as trustee of the insurance fund and is also named in the will as trustee of the trust set up in the will, in which the wife and children are named as beneficiaries.
99 F.2d 188 (1938), PACIFIC MILLS, v., KENEFICK, Acting Internal Revenue Agent., The main ground on which the respondents objected to the granting of the petition was that the Commissioner had no power to order a further examination of the books of the Pacific Mills for the years in question.
, Circuit Court of Appeals, First Circuit. He was informed by the trial judge that he could not assign *546 counsel except in capital cases, but the sheriff would notify any counsel whom he wished to defend him and would also notify any witnesses he requested to be present to testify in his behalf.
In fact, it was stipulated that all receipts by the executor, whether realized from inventory values or gains in such values, or in the form of interest and dividends received, were indiscriminately treated as assets of the entire estate and were applied to the payment of legacies., 66 F.2d 179.
, Circuit Court of Appeals, First Circuit., Maurice A. Broderick, of Manchester, N. H. (James A. Broderick, of Manchester, N. H., on the brief), for appellants. that upon notice that the cuts or prints in his possession were a part of a copyrighted book he refrained from further infringing.
, These cases demonstrate that, under the patent statutes regulating the assignment of an application for a patent, the recording of the assignment in the Patent Office is made one of the essential requirements of the assignment to vest the title to the patent in the assignee. 515, 19 L. Ed. 37;
General Rule, The net income shall be computed upon the basis of the taxpayer's annual accounting period (fiscal year or calendar year, as the case may be) in accordance with the method of accounting regularly employed in keeping the books of such taxpayer. Insurance stands on the same footing.
94 F.2d 838 (1938), McDONOUGH, v., LAMBERT, Special Agent. That the request for the attendance of said M. McDonough and the production of the said records is not for the purpose of ascertaining the correctness or verifying the return of M. McDonough Company for the taxable year 1935.
The difference between the value on March 1, 1913, of Mrs. Dickinson's interest in the partnership and the value of the shares of stock received for it on October 1, 1917, was a taxable profit and income to Mrs. Dickinson in 1917, on the sale and transfer of her interest to the corporation.
Deductions from Gross Income. Had the contract stipulated for a payment of $5, 000 a year for 15 years, 1 month, and 9 days, a default of payment for the last 3 years, 1 month, and 9 days of that period would have caused a loss computable upon a different basis than now obtains in this case.
, The Working patent relates to the use of lecithin as a component of chocolate mixtures for confectionery and food., 87 F.2d 262. The purpose of the suit is to establish a monopoly by the plaintiff in the sale of lecithin for use in the products and the process described in the patent.
, The facts leading up to the organization of the Shoe Workers' Union as disclosed by the record before this Court are as follows:, Up to November 8 no suggestion had been made by any one to the management of the respondent that a new labor organization could be formed by some of its old employees;
, v., UNITED STATES. 275, 82 L. Ed. ___, December 20, 1937, in which it reversed the judgment of the Circuit Court of Appeals for the Second Circuit, U. S. v. Nardone, 90 F.2d 630, and held that section 605 of the Communication Act, 47 U.S.C.A., In the case of United States v. Reid, supra, 12 How.
97 F.2d 691 (1938), ROGERS, v., UNITED STATES., George F. Troy, Asst. The original papers having been returned, subpoenas were issued for their production and served on the Silverthorne Lumber Company and Frederick W. Silverthorne., The court erred in admitting the evidence illegally obtained.
