Barnett Banks, Inc. & Subsidiaries - Page 21




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          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).           








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