Scofield, Collector of Internal Revenue v. Rio Farms, Inc
Court of Appeals for the Fifth Circuit
1Opinion of the Court
HUTCHESON, Chief Judge.
Brought by appellee, plaintiff below, the suit was for refund of capital stock taxes which had been collected from it as due un der Sec. 1200(a), I.R.C. 1 for the fiscal years ending June 30, 1944 and 1945.
The claim was that by Section 1201— “Exemptions”, 2 plaintiff was exempt from the taxes imposed by Section 1200, in' that it was a corporation described and exempted by Sec. 101 (8), 3 and that it was additionally exempt by reason of the provisions of Sec. 101 (6). 4
The defense was a denial that plaintiff came under either of the exemptions claimed and that, as to its…
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