Barnett Banks, Inc. & Subsidiaries - Page 22




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               Respondent distinguishes the cases on which petitioner                 
          relies and argues that United States v. Cambridge Loan & Bldg.              
          Co., 278 U.S. 55 (1928), is most directly on point.  While the              
          Federal statutes at issue in Staunton and Mutual provided a                 
          definition for “bank”, the statutes in Cambridge and Perpetual              
          Bldg. & Loan Association of Columbia v. Commissioner, 34 T.C. 694           
          (1960), affd. sub nom. Estate of Cooper v. Commissioner, 291 F.2d           
          831 (4th Cir. 1961), dealt with a statute that did not define the           
          term “building and loan association”.                                       
               In Cambridge, the taxpayer was incorporated in Ohio and was            
          recognized and conducted its business as a building and loan                
          association in accordance with the laws of the State of Ohio.               
          The Revenue Act of 1918, ch. 18, sec. 231, 40 Stat. 1076, and the           
          Revenue Act of 1921, ch. 136, sec. 231, 42 Stat. 253, provided an           
          exemption from income tax for building and loan associations but            
          did not further define such an entity.  The U.S. Supreme Court              
          accepted the State’s classification of a building and loan                  
          association in the absence of a definition in the Federal                   
          statute, provided that there had not been a “gross misuse of the            
          name”.  United States v. Cambridge Loan & Bldg. Co., supra at 59.           
          Respondent also relies on Perpetual Bldg. & Loan Association of             
          Columbia v. Commissioner, supra, in which we stated that, for a             
          building and loan association to qualify for exemption under                
          section 101(4), I.R.C. 1939, the association must first come                






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