William O. Douglas

Name: Textile Mills Securities Corporation v. Commissioner of Internal Revenue — Opinion of the Court
Author: William O. Douglas

Textile Mills Securities Corporation v…

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“Textile Mills Securities Corporation v. Commissioner of Internal Revenue — Opinion of the Court”, is a work by William O. Douglas. It explores elements such as circuit, circuit judges and the Judicial Code.

Quotes from Textile Mills Securities Corporation v… (William O. Douglas)

William O. Douglas, Textile Mills Securities Corporation v…

“ For to do so would be to imply that Congress prohibited some circuit judges from participation in the most important function of the 'court' (the hearing and the decision of appeals) , though allowing all of them to perform the other functions. Such a prohibition as respects the ordinary responsibilities of a judicial office should be inferred only under compelling necessity, since a court usually will consist of all the judges appointed to it. That necessity is not present here. The ambiguity in the statute is doubtless the product of inadvertence. ”

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William O. Douglas, Textile Mills Securities Corporation v…

“ Donations made by a corporation for purposes connected with the operation of its business, however, when limited to charitable institutions, hospitals, or educational institutions conducted for the benefit of its employees or their dependents are a proper deduction as ordinary and necessary expenses. Donations which legitimately represent a consideration for a benefit flowing directly to the corporation as an incident of its business are allowable deductions from gross income. ”

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Source: Wikisource

William O. Douglas, Textile Mills Securities Corporation v…

“ It provided, however, by § 3 of that Act that the Chief Justice and Associate Justices of the Supreme Court assigned to each circuit and the circuit judges and district judges within each circuit 'shall be competent to sit as judges of the circuit court of appeals within their respective circuits.' Thus it is apparent that the newly created circuit court of appeals was to be composed of only three judges [5] who were to be drawn from the three existing groups of judges-the circuit justice, the circuit judges, and the district judges. ”

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Source: Wikisource

William O. Douglas, Textile Mills Securities Corporation v…

“ Conflicts within a circuit will be avoided. Finality of decision in the circuit courts of appeal will be promoted. Those considerations are especially important in view of the fact that in our federal judicial system these courts are the courts of last resort in the run of ordinary cases. Such considerations are, of course, not for us to weigh in case Congress has devised a system where the judges of a court are prohibited from sitting en banc. ”

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Source: Wikisource

William O. Douglas, Textile Mills Securities Corporation v…

“ For example, a street railway corporation may donate a sum of money to an organization intending to hold a convention in the city in which it operates, with the reasonable expectation that the holding of such convention will augment its income through a greater number of people using the cars. ”

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Source: Wikisource

William O. Douglas, Textile Mills Securities Corporation v…

“ We fail to find any indication that such a course contravened any Congressional policy. [18] Contracts to spread such insidious influences through legislative halls have long been condemned. Trist v. Child, 21 Wall. ”

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Source: Wikisource

William O. Douglas, Textile Mills Securities Corporation v…

“ Art. 562, Regulations 65, Revenue Act of 1924; Art. 562, Regulations 69, Revenue Act of 1926; Art. 262, Regulations 74, Revenue Act of 1928.↑ In the Revenue Act of 1936, 26 U.S.C. § 23 (q) , 26 U.S.C.A. Int.Rev.Acts, page 830, 49 Stat. 1648, Congress specifically provided for deductions of certain contributions by corporations to specified corporations, trusts, funds, or foundations, 'no substantial part of the activities of which is carrying on propaganda, or otherwise attempting, to influence legislation'. ”

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Source: Wikisource

William O. Douglas, Textile Mills Securities Corporation v…

“ Plainly, the regulation was applicable. The ban against deductions of amounts spent for 'lobbying' as 'ordinary and necessary' expenses of a corporation derived from a Treasury Decision in 1915. T.D. 2137, 17 Treas.Dec., Int.Rev., pp. 48, 57, 58. That prohibition was carried into Art. 143 of Treasury Regulations 33 (Revised, 1918) under the heading of 'Expenses' in the section on 'Deductions'. [16] Beginning in 1921 the regulation was entitled 'Donations.' (Art. 562, Treasury Regulations 45.) And in the regulations here in question Art. ”

William O. Douglas

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