Old Colony Trust Co. v. Malley

BREWSTER, District Judge.

The plaintiff in this action seeks to recover a portion of the taxes assessed upon and paid by it under the provisions of section 3, paragraph 1, of the War Revenue Act, approved October 22, 1914 (38 Stat. 750). The taxes in dispute cover the periods:(a) November 1, 1914, to June 30, 1915;(h) June 30, 1915, to December 31, 1915;(c) December 31, 1915, to June 30, 1916; and(d) June 30, 1916, to December 31, 1916.

In the War Revenue Act, imposing a special tax on bankers of $1 for each $1,000 of, capital used and employed, Congress laid down the rule for determining who…