Helvering v. Northern Coal Co.

Supreme Court of the United States
Helvering v. Northern Coal Co., 293 U.S. 191 (1934)
Per Curiam

Helvering v. Northern Coal Co.

Opinion

Per Curiam.

In these cases, the judgments were severally affirmed on October 23, 1933, by an equally divided Court. 290 U. S. 591. Petitions for rehearing in Nos. 18, 19, and 21 were denied on November 20, 1933. The mandates of the Court were severally issued in the four cases on November 29, 1933. The present petitions for rehearing were filed on May 21, 1934.

Section 1005 (a) (4) of the Revenue Act of 1926, c. 27, 44 Stat. 9, 110, 111, U.S.C., Tit. 26, § 640, with respect to decisions of the Board of Tax Appeals, provides:

“Sec. 1005 (a). The decision of the Board shall become final— . . .
(4) Upon the expiration of 30 days from the date of issuance of the mandate of the Supreme Court, if such Court directs that the decision of the Board be affirmed or the petition for review dismissed.”

In view of the authoritative and explicit requirement of the statute and of its application to these cases, the petitions for rehearing are severally denied.

Reference

Full Case Name
Helvering, Commissioner of Internal Revenue v. Northern Coal Co. Same v. C. H. Sprague & Son Co. Same v. U.S. Refractories Corporation. Same v. Oswego & Syracuse R. Co
Cited By
25 cases
Status
Published