Central Life Assur. Soc. v. Birmingham

DEWEY, District Judge.

The action is to recover documentary stamp taxes assessed against the plaintiff by the Commissioner of Internal Revenue for the years 1937 to October 6, 1941, inclusive, in the amount of $6,798.41. Plaintiff paid the taxes assessed under protest and filed a claim for refund, which was denied by the Commissioner.

The tax was assessed on the ground that securities deposited during those years with the Commissioner of Insurance for the State of Iowa, as required by the Iowa statutes, was a delivery or transfer to him of the legal title of such securities.

The pertinent Iowa…