Forrest Hotel Corp. v. Fly

THOMAS, District Judge.

Statement of the Case

In these consolidated actions, Forrest Hotel Corporation, the plaintiff in both, seeks to recover against the government a refund for taxes alleged illegally collected by the defendant from the plaintiff. The principal contention of the plaintiff is that the transaction, hereinafter specifically described, which occurred January 1, 1939, between Forrest Hotel Corporation and Maybar Corporation, was a sale or exchange and not a reorganization, merger or consolidation, under sections 112(b) (3), 112(g), and 113(a) (7) of the Internal Revenue Code; and…