United States Supreme Court Cases & Opinions

U.S. Supreme Court

Barclay & Co., Inc. v. Edwards, 267 U.S. 442 (1924)

Barclay & Company, Incorporated v. Edwards

No. 547

Argued November 24, 1924

Decided Dec. 15, 1924

267 U.S. 442

Syllabus

1. The taxation by Congress of the income of domestic corporations derived from sale abroad of goods bought or made by them in this country is not a tax on exports, nor does it violate due process of law because a like tax is not imposed on the income similarly derived by foreign corporations. National Paper Co. v. Bowers, 266 U. S. 373. P. 267 U. S. 447.

2. The exemption of foreign corporations is equally valid whether complete or only partial. Revenue Acts of 191, and 1921 considered. P. 267 U. S. 448.

3. The power of Congress in laying taxes is very wide, and the Fifth Amendment does not apply to discrimination between taxpayers based on a classification that is not arbitrary and capricious, but reasonable. P. 267 U. S. 450.

Error to a judgment of the district court dismissing an action to recover money paid under protest as a federal income tax. The case here (547) was first decided on December 15, 1924, upon authority of National Paper & Type Co. v. Bowers, No. 320, decided on the same day and reported in 266 U. S. 266 U.S. 373. Due to a motion for rehearing, the opinion was withheld from publication. It is now printed, following the opinion overruling the motion.

Page 267 U. S. 446