National Commercial Title & Mortgage Guaranty Co. v. Duffy

JONES, Circuit Judge.

These appeals grow out of a suit by the plaintiff taxpayer to recover sums paid former Internal Revenue Collectors as capital stock taxes, plus penalties and interest, for the years ending June 30, 1933, to June 30, 1937, both inclusive, under Section 215 of the National Industrial Recovery Act, 48 Stat. 195, 207, and similar provisions of subsequent Revenue Acts.1 The *88plaintiff’s right to the recovery sought depends upon the merit of its claims to exemption. It alleges that (1) it was an insurance company, subject as such to income tax liability under Section 204 of the…