Affiliations

• Federal Trade Commission v. Kay

  Cites Brougham v. Blanton Manufacturing Co. — 243. Fed. Rep. 503, reversed.

• Veeder v. Commissioner of Internal Revenue

  Court of Appeals for the Seventh Circuit · 1929-12-05 · cited 15×

  The case involved a challenge by taxpayer Veeder to a $559.30 income tax deficiency assessed by the Commissioner of Internal Revenue for 1921. The Commissioner made a jeopardy assessment shortly before the four-year limitations period expired under the Revenue Act of 1924, based on an overstated loss deduction from real estate sales; after Veeder filed an abatement claim, the Commissioner revised the amount downward but upheld part of the deficiency, which the Board of Tax Appeals affirmed. Veeder argued that the revised assessment was untimely, that the impending limitations deadline did not justify a jeopardy assessment, and that the Board should have reviewed the Commissioner's jeopardy determination. The court held that the final assessment related to the same underlying deficiency and was made within the statutory period, that the Board lacked authority to second-guess the Commissioner's belief in jeopardy, and that procedural choices between normal and jeopardy assessment paths did not affect the validity of the tax liability. The petition for review was therefore denied.

  taxesprocedure

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• Federal Trade Commission v. Kay

  Court of Appeals for the Seventh Circuit · 1929-09-18 · cited 11×

  The case concerned the Federal Trade Commission's petition to enforce a modified cease-and-desist order against respondent Abbott E. Kay for unfair methods of competition in interstate commerce by advertising and selling a non-radioactive product as radium. The Commission had issued complaints, held hearings, and made findings based on tests from the Bureau of Standards showing the product lacked any appreciable radioactivity, along with other evidence distinguishing it from genuine radium. The court upheld the Commission's findings as supported by evidence and thus conclusive under the Trade Commission Act, granted enforcement of the order after eliminating delay concerns, and modified paragraph 4 of the order to clarify the required testing standards for any future claims. With that revision, the court directed Kay to comply.

  business & regulatoryfederal power

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• Am-Plus Storage B. Co. v. Commissioner of Internal Revenue

  Court of Appeals for the Seventh Circuit · 1929-09-12 · cited 23×

  The case involved Am-Plus Storage Battery Company challenging the Commissioner's disallowance of $9,813.27 of the salaries and commissions paid to its two officer-shareholders as deductible business expenses under the Revenue Act of 1921. The Board of Tax Appeals upheld the disallowance, finding the amount represented a distribution of profits rather than reasonable compensation. The court denied the petition for review, holding that the taxpayer failed to meet its burden of showing the allowances were reasonable. The compensation arrangement, which paid the officer-shareholders 10 percent of all sales over $2,500 in addition to salaries, effectively transferred nearly all profits to them, which was not supported by evidence of customary practices and allowed the Board to conclude it was a profit division.

  taxesbusiness & regulatory

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• Skolnik v. United States

  Court of Appeals for the Seventh Circuit · 1924-12-18 · cited 12×

  The case involved a surety seeking reversal of a district court judgment forfeiting a supersedeas bond posted to secure the appearance of criminal defendant Edward J. Ader during his appeal and any retrial. After this court affirmed the conviction, Ader failed to appear on the appointed date, leading to an order of default and forfeiture, though he surrendered himself shortly thereafter before judgment on the scire facias. The court held that the bond's conditions required Ader to surrender in the district court for execution of the judgment as directed upon affirmance, creating a default at the time of the forfeiture order. It further ruled that neither federal statutes like section 1020 nor Illinois practice allowed exoneration on the bond merely because the defendant appeared before final judgment on the scire facias, as the surety's plea failed to meet the required conditions for relief.

  criminal lawprocedure

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