United States v. Southwestern R. Co.

HUTCHESON, Circuit Judge.

The suit was for the recovery of a 5 per cent, excise tax assessed and collected from plaintiff under section 213(a)1 of the National Industrial Recovery Act (48 Stat. 206) on its dividend paid by appellee July 1, 1933. The claim was that the dividend was tax exempt under the act, because, though paid after June 16, 1933, when the act took effect, it had been declared before that date. The defense was that the resolution of the board of directors on February 12, 1931,2 relied on as a declaration of dividend prior to the taking effect of the act, was not, when passed,…