Legal Opinion

Maloney v. Western Cooperage Co.

Court of Appeals for the Ninth Circuit

Decided May 13, 1939No. 9032PublishedCited by 2 opinions

1Opinion of the Court

HEALY, Circuit Judge.

Appellee brought suit against the Internal Revenue Collector to recover federal excise taxes assessed and collected under § 213 of the National Industrial Recovery Act, 48 Stat. 206. After a trial to the court on stipulated facts judgment was awarded in appellee’s favor.

The National Industrial Recovery Act became effective June 16, 1933. § 213(a) imposed an excise tax of 5% upon the receipt of dividends by any person other than a domestic corporation, the tax to be withheld at the source. The section provides that the tax imposed “shall not apply to dividends declared…

Also in this document: Dissent.

2Cases cited11 opinions

  1. Smith v. MooreCourt of Appeals for the Ninth Circuit · 1912
  2. Spencer v. LoweCourt of Appeals for the Eighth Circuit · 1912
  3. Wheeler Beers v. Bridgeport Spring Co.Supreme Court of Connecticut · 1875
  4. Northwestern Marble & Tile Co. v. CarlsonSupreme Court of Minnesota · 1912
  5. United States v. Murine Co.Court of Appeals for the Seventh Circuit · 1937

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3Cited by2 opinions

  1. First Nat. Ben. Soc. v. StuartCourt of Appeals for the Ninth Circuit · 1946
  2. United States v. BaldyCourt of Appeals for the Ninth Circuit · 1939

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