Fidelity Trust Co. v. Lederer

BUEEINGTON, Circuit Judge.

This case concerns the assessment of a stamp tax on car equipment trust certificates issued under what is known as the Philadelphia plan. The government assessed and collected such tax, basing its right so to do on the provision of the Revenue Act of 1918, quoted in the. margin.1 The plaintiff, having paid the tax under protest, brought suit against the collector to recover the same back; but the court held it had been properly assessed, and entered judgment for the defendant. Thereupon the plaintiff sued out this writ, and the question involved is whether the…