Burk-Waggoner Oil Assn. v. Hopkins
Annotate this Case
269 U.S. 110 (1925)
U.S. Supreme Court
Burk-Waggoner Oil Assn. v. Hopkins, 269 U.S. 110 (1925)
Burk-Waggoner Oil Association v. Hopkins
Argued October 20, 21, 1925
Decided November 16, 1925
269 U.S. 110
1. Unincorporated joint stock association, like those described in Hecht v. Malley, 265 U. S. 144, though partnerships under the state law, are "corporations," within the definition of the Revenue Act of 1918, and are subject, like corporations, to the income and excess profits taxes imposed by that Act. P. 269 U. S. 112.
2. Congress has power to tax the income earned through and in the name of such an association unaffected by the facts that, under the state law, the association is not recognized as a legal entity, cannot hold title to property, and its shareholders are liable for its debts. P. 269 U. S. 114.
296 F. 492, affirmed.
Error to a judgment of the district court in an action against an internal revenue collector to recover a tax, paid under protest.
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