PECK & CO V. LOWE, 247 U. S. 165 (1918)

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U.S. Supreme Court

Peck & Co v. Lowe, 247 U.S. 165 (1918)

Peck & Co v. Lowe

No. 234

Argued December 10, 11, 1917

Decided May 20, 1918

247 U.S. 165


The Sixteenth Amendment does not extend the power of taxation to new or excepted subjects, but merely removes occasion for apportioning taxes on income among the states.

Net income of a corporation derived from exporting goods from the states and selling them abroad is subject to be taxed under § II of the Income Tax Law of October 3, 1913, c. 16, 38 Stat. 166, 172,

Page 247 U. S. 166

as part of the "entire net income arising or accruing from all sources."

Such a tax, general and in no way discriminating against exports and affecting the export business, at most, only indirectly, is not contrary to the constitutional provision that "no tax or duty shall be laid on articles exported from any state." Art. I, § 9, cl. 5.

234 F.1d 5 affirmed.

The case is stated in the opinion.

Page 247 U. S. 171

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