Central Trust Co. v. Treat
U.S. Circuit Court for the District of Southern New York
This is an action to recover $22,156 paid by the plaintiff under protest as a tax claimed by the defendant, a collector of internal revenue, to be. due under War Revenue Act June 13, 1898, c. 448, § 2, 30 Stat. 448 (U. S. Comp.
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This is an action to recover $22,156 paid by the plaintiff under protest as a tax claimed by the defendant, a collector of internal revenue, to be. due under War Revenue Act June 13, 1898, c. 448, § 2, 30 Stat. 448 (U. S. Comp. St. 1901, p. 2286). The relevant parts of the section read as follows: “Sec. 2. That from and a fter July first, eighteen hundred and ninety-eight, special taxes shall be, and hereby are, imposed annually as follows, that is to say: “(1) Bankers using or employing a capital not exceeding the sum of twenty-five thousand dollars shall pay fifty dollars; when using or…
1Opinion of the Court
LACOMBE, Circrtit Judge
(after stating the facts as above). In view of former decisions in this circuit (Leather Manufacturers’ Bank v. Treat [C. C.] 116 Fed. 774; Id., 128 Fed. 262, 62 C. C. A. 644) there would be no difficulty in finding that these accumulated undivided profits are either “surplus” or “capital.” In the case cited the plaintiff was a bank engaged solely in a banking business, and presumably all the property that it had was employed in such business. But in the case at bar the plaintiff is not a bank or banker, and, although it does some of the things enumerated in the section…
2Cases cited2 opinions
- Leather Mfrs.' Nat. Bank v. TreatCourt of Appeals for the Second Circuit · 1904
- Leather Mfrs.' Nat. Bank v. TreatU.S. Circuit Court for the District of Southern New York · 1902
3Cited by10 opinions
- Anderson v. Farmers' Loan & Trust Co.Court of Appeals for the Second Circuit · 1917
- Fidelity & Deposit Co. of Md. v. United StatesSupreme Court of the United States · 1922
- Farmers' Loan & Trust Co. v. TreatU.S. Circuit Court for the District of Southern New York · 1909
- Real Estate Title, Ins. & Trust Co. v. LedererDistrict Court, E.D. Pennsylvania · 1916
- Ex parte EberhardtDistrict Court, E.D. Missouri · 1921
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