Harlan F. Stone

“ Is a trustee in bankruptcy, operating under order of the bankruptcy court the business of a bankrupt domestic corporation in the year 1917, and realizing net profits from the operation, subject to the excess profits tax imposed by the Revenue Act of 1917, in a case where the corporation, if itself conducting the business, would under the act, have been subject to such tax? ”

“ The title made no mention of executors, receivers, trustees or persons acting in a fiduciary capacity, and contained no language corresponding to the quoted provision of title 1, § 4, extending the additional income tax to 'the same incomes' taxed by section 10 of the Act of 1916. A tax imposed on corporations alone does not extend to a trustee in bankruptcy of a corporation. ”

“ See United States v. Whitridge, 231 U.S. 144, 34 S.C.t. 24, 58 L. Ed. 159; Scott v. Western Pacific Ry. (C. C. A.) 246 F. 545; compare Smietanka v. First Trust & Savings Bank, 257 U.S. 602, 42 S.C.t. 223, 66 L. Ed. ”