Legal Opinion

Empire Trust Co. v. Hoey

District Court, S.D. New York

Decided February 20, 1937PublishedCited by 1 opinion

1Opinion of the Court

COXE, District Judge.

This is a motion to dismiss a complaint for insufficiency.

The action is to recover $16,152.13 alleged to have been wrongfully collected as original issue taxes on Independence Fund Trust certificates issued during the period from June 21, 1932, to February 14, 1935; and the single question presented is whether these certificates are taxable as having a “par or face value,” or as being “without par or face value.”

The taxes were assessed • under subdivision 2 of Schedule A, title 8, of the Revenue Act of 1926, as amended by section 722 of the Revenue Act of 1932 (47 Stats.…

2Cases cited6 opinions

  1. McFeely v. CommissionerSupreme Court of the United States · 1935
  2. Edwards v. Wabash Ry. Co.Court of Appeals for the Second Circuit · 1920
  3. Willcuts v. Investors' SyndicateCourt of Appeals for the Eighth Circuit · 1932
  4. Goodyear Tire & Rubber Co. v. United StatesSupreme Court of the United States · 1927
  5. Commercial Credit Co. v. TaitDistrict Court, D. Maryland · 1924

1 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Empire Trust Co. v. HoeyDistrict Court, S.D. New York · 1937

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