Maloney v. Western Cooperage Co.
Court of Appeals for the Ninth Circuit
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
- Smith v. MooreCourt of Appeals for the Ninth Circuit · 1912
- Spencer v. LoweCourt of Appeals for the Eighth Circuit · 1912
- Wheeler Beers v. Bridgeport Spring Co.Supreme Court of Connecticut · 1875
- Northwestern Marble & Tile Co. v. CarlsonSupreme Court of Minnesota · 1912
- United States v. Murine Co.Court of Appeals for the Seventh Circuit · 1937
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3Cited by2 opinions
- First Nat. Ben. Soc. v. StuartCourt of Appeals for the Ninth Circuit · 1946
- United States v. BaldyCourt of Appeals for the Ninth Circuit · 1939