Continental Baking Corp. v. Higgins

AUGUSTUS N. HAND, Circuit Judge.

The plaintiff-appellant seeks to recover capital stock taxes paid by it pursuant to Section 105(a) of the Revenue Act of 1935, as amended by Section 401(a) of the Revenue Act of 1936, 26 U.S.C.A. Int.Rev. Acts, page 798, in the amounts of $63,428.-97 and $60,179.24 for the years ending June 30, 1936, and June 30, 1937, respectively.

The applicable provisions of the statute read as follows:

“For each year ending June 30, beginning with the year ending June 30, 1936, there is hereby imposed upon every domestic corporation with respect to carrying on or doing…