United States v. National Sugar Refining Co.
District Court, S.D. New York
1Opinion of the Court
LEIBELL, District Judge.
This is an action under section 1802(a) 1 of the Internal Revenue Code to- collect a stamp tax on shares allegedly “issued in a recapitalization” of the defendant on December 31, 1947. The action was commenced December 29, 1952. The facts are not in dispute. Defendant moved for a summary judgment and the plaintiff has made a cross motion for the same relief.
The secretary of the defendant, a New Jersey corporation, has made affidavit as follows:
“2. On November 20, 1947, at a special meeting of defendant’s Board of Directors regularly convened and held, a quorum then…
2Cases cited2 opinions
- United States v. California Electric Power Co.Court of Appeals for the Ninth Circuit · 1951
- Empire Trust Co. v. HoeyCourt of Appeals for the Second Circuit · 1939
3Cited by11 opinions
- United States v. F. & M. Schaefer Brewing Co.Supreme Court of the United States · 1958
- The F. & M. Schaefer Brewing Co. v. United StatesCourt of Appeals for the Second Circuit · 1956
- F. & M. Schaefer Brewing Co. v. United StatesDistrict Court, E.D. New York · 1955
- American Steel Foundries v. Ernest J. Sauber, District Director of Internal Revenue, Chicago, IllinoisCourt of Appeals for the Seventh Circuit · 1956
- Allied Chemical & Dye Corp. v. McMahonDistrict Court, S.D. New York · 1957
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