1426 Woodward Ave. Corp. v. United States

PICARD, District Judge.

This is an action for recovery of capital stock taxes, plus interest, paid by plaintiff for the taxable years 1936 through 1940. These taxes were imposed on the theory that defendant was “carrying on or doing business” as specified in the Internal Revenue Act, 1924, § 700(a), 26 U.S.C.A. Int. Rev.Code, § 1200, Tax, et seq., as follows:

“(a) Domestic corporations. For each year ending June 30, * * * there shall *271be imposed upon every domestic corporation with respect to carrying on or doing business for any part of such year an excise tax of $1 for each $1,000 of the…