Domtar Newsprint Sales Limited v. The United States

ON PLAINTIFF’S MOTION AND DEFENDANT’S CROSS MOTION FOR SUMMARY JUDGMENT

COWEN, Chief Judge:

Plaintiff, a Canadian corporation not engaged in trade or business within the United States, brought this action to re cover an alleged overpayment of Federal income taxes and interest penalties for the year 1960, plus statutory interest.

The facts are stipulated and show that this controversy arose by reason of a property distribution from The Wright Company, Inc. of all the issued and outstanding stock of The Alberni Paper Company, Inc. to plaintiff in January of 1960. Wright, a Delaware corporation…