Public Service Ry. Co. v. Herold

HUNT, Circuit Judge.

Action to recover an amount paid as excise tax for 1912. Payment was made November 28, 1913. Before payment application for abatement was made, and after payment claim for refufid. The question is whether the lessor was doing business during the year 1912. 36 Stat. c. 6.

By a lease dated May 1, 1911, the New Jersey & Hudson River Railway & Ferry Company leased all of its property and franchises, except its franchise to be a corporation, to Public Service Railway Company for 900 years from that date. The lease contained covenants very similar with respect to the obligations…