Staff Study of Income Tax Treatment of Treble Damage Payments Under the Antitrust Laws, Bände 8-11U.S. Government Printing Office, 1965 - 62 Seiten |
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allow the deduction amounts paid Antitrust Division antitrust laws antitrust treble damage antitrust violations Attorney attorney's fee Chairman Celler Chattanooga Foundry Clayton Act conspiracy corporate criminal antitrust damages under section decision deductibility of treble deductions for payments defendant defined public policy denies a deduction Department of Justice electrical equipment Emanuel Celler False Claims Act Federal frustrate sharply defined Glenshaw Glass Glenshaw Glass Co Government Heininger illegal imposed income tax income tax deduction industry Internal Revenue Service Internal Revenue Taxation Jerry Rossman Joint Committee kickbacks legal expenses ment necessary business expenses nolo contendere nondeductible ordinary and necessary paid or incurred Paramount Pictures penal in nature plaintiff private treble damage punishment punitive question remedial Revenue Ruling 64-224 section 4A settlements sharply defined public Sherman Act supra Supreme Court held Tank Truck Rentals Tax Court taxpayer tion treble damage action treble damage payments treble damage provision trust laws United unsuccessful defense wrongdoer
Beliebte Passagen
Seite 1 - That any person who shall be injured in his business or property by reason of anything forbidden in the antitrust laws may sue therefor in any district court of the United States in the district in which the defendant resides or is found or has an agent, without respect to the amount in controversy, and shall recover threefold the damages by him sustained, and the cost of suit, including a reasonable attorney's fee.
Seite 46 - The Sherman Act was designed to be a comprehensive charter of economic liberty aimed at preserving free and unfettered competition as the rule of trade. It rests on the premise that the unrestrained interaction of competitive forces will yield the best allocation of our economic resources, the lowest prices, the highest quality, and the greatest material progress, while at the same time providing an environment conducive to the preservation of our democratic political and social institutions.
Seite 29 - F. 2d 711, 713, the test of nondeductibility always is the severity and immediacy of the frustration resulting from allowance of the deduction. The flexibility of such a standard is necessary if we are to accommodate both the congressional intent to tax only net income, and the presumption against congressional intent to encourage violation of declared public policy.
Seite 49 - Any person who shall be injured in his business or property by any other person or corporation by reason of anything forbidden or declared to be unlawful by this act may sue therefor in any circuit court of the United States in the district in which the defendant resides or is found, without respect to the amount in controversy, and shall recover threefold the damages by him sustained and the costs of suit, including a reasonable attorney's fee. SEC. 8. That the word "person...
Seite 16 - An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes", approved October 15, 1914 (commonly known as the Clayton Act), on account of such violation or any related violation of the antitrust laws which occurred prior to the date of the final judgment of such conviction...
Seite 47 - necessity" cannot be made, however, if allowance of the deduction would frustrate sharply defined national or state policies proscribing particular types of conduct, evidenced by some governmental declaration thereof.
Seite 48 - The exclusion of the latter from "ordinary and necessary" expenses certainly does no violence to the statutory language.
Seite 16 - If such laws were applicable to such payment and to such official or employee. The burden of proof In respect of the Issue, for the purposes of this paragraph, as to whether a payment constitutes an Illegal bribe or kickback (or would be unlawful under the laws of the United States) shall be upon the Secretary or his delegate to the same extent as he bears the burden of proof under section 7454 (concerning the burden of proof when the Issue relates to fraud). (2) Other illegal payments. No deduction...
Seite 20 - Whenever the United States is hereafter injured in its business or property by reason of anything forbidden in the antitrust laws it may sue therefor in the United States district court for the district in which the defendant resides or is found or has an agent, without respect to the amount in controversy, and shall recover actual damages by it sustained and the cost of suit.
Seite 6 - ... the private suit of the creditor only, and measured by the amount of his debt, it is as to him clearly remedial. To maintain such a suit is not to administer a punishment imposed upon an offender against the state, but simply to enforce a private right secured under its laws to an individual. We can see no just ground, on principle, for holding such a statute to be a penal law, in the sense that it cannot be enforced in a foreign state or country.