Bowers v. Kerbaugh-Empire Co. explained

Litigants:Bowers v. Kerbaugh-Empire Co.
Arguedate:January 25
Argueyear:1926
Decidedate:May 3
Decideyear:1926
Fullname:Bowers, Collector of Internal Revenue v. Kerbaugh-Empire Company
Usvol:271
Uspage:170
Parallelcitations:46 S. Ct. 449; 70 L. Ed. 886; 1926 U.S. LEXIS 615; 1 U.S. Tax Cas. (CCH) ΒΆ 174; 5 A.F.T.R. (P-H) 6014; 1926 P.H. P1865
Prior:Kerbaugh-Empire Co. v. Bowers, 300 F. 938 (S.D.N.Y. 1924)
Holding:No taxable income arose from the repayment in German marks of loans that had originally been made in U.S. dollars, despite the fact that the marks had gone down in value relative to the dollar since the loan had been made.
Majority:Butler
Joinmajority:Taft, Holmes, Van Devanter, McReynolds, Sutherland, Sanford, Stone
Concurrence:Brandeis
Lawsapplied:U.S. Const. amend. XVI

Bowers v. Kerbaugh-Empire Co., 271 U.S. 170 (1926), was a case in which the United States Supreme Court held that no taxable income arose from the repayment in German marks of loans that had originally been made in U.S. dollars, despite the fact that the marks had gone down in value relative to the dollar since the loan had been made.

This decision was narrowed by the court six years later in United States v. Kirby Lumber Co..

See also