- 21 - the taxpayer, chartered as an industrial loan corporation under Virginia State law, qualified as a bank within the meaning of the Revenue Act of 1936, ch. 690, sec. 104, 49 Stat. 1677. Although Virginia State law made a distinction between industrial loan corporations and banks, the court noted that “peculiarities in individual state laws” are not controlling in the interpretation of section 104. Staunton Indus. Loan Corp. v. Commissioner, supra at 933. After analyzing the “sum total of * * * [taxpayer’s] business activities”, the court concluded that the taxpayer functioned as a bank that Congress intended to include for purposes of section 104. Id. Similarly, in Mut. Sav. & Loan Co. v. Commissioner, 44 B.T.A. 1204 (1941), although the taxpayer was organized as an industrial loan association and not a bank under State law, the substance of its activities qualified for treatment as a bank within the meaning of the Revenue Act of 1936, ch. 690, sec. 104, 49 Stat. 1677. In both cases, the Court rejected State law distinctions between banks and other entities when at odds with the definition of a bank under the Federal statute. Petitioner urges that, under the Staunton and Mutual approach, Southwest and Pinellas continue to qualify as domestic building and loan associations because they functioned the same before and after the mergers and meet the supervisory test, business operations test, and assets test of section 7701(a)(19).Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
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