- 22 - 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 comePage: 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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