Legal Opinion

West Virginia Pulp & Paper Co. v. Bowers

District Court, S.D. New York

Decided August 1, 1923PublishedCited by 9 opinions

At Law. Action by the West Virginia Pulp & Paper Company against Frank K. Bowers, Collector of Internal Revenue for the Second District of the State of New York. On motion for judgment of dismissal.

1Opinion of the Court

KNO'X, District Judge.

In a case such as this, there is little use for a court of first instance to enter upon a discussion of its views as to the interpretation to be placed upon a particular taxing statute. Any decision of mine will be but a conduit through which a more authoritative ruling will be had, and for such reason I forbear to elaborate upon my conclusions. It is enough to say that in my judgment the acts of plaintiff giving rise to the assessment of the tax in question are not within the purview of the statute upon which defendant relies. What plaintiff did, in my opinion, is not…

2Cited by9 opinions

  1. North American Company v. GreenSupreme Court of Florida · 1960
  2. Trumbull Steel Co. v. RoutzahnDistrict Court, N.D. Ohio · 1923
  3. United States v. Pure Oil Co.Court of Appeals for the Seventh Circuit · 1943
  4. Cleveland Provision Co. v. WeissDistrict Court, N.D. Ohio · 1925
  5. Lake Superior District Power Co. v. Public Service CommissionWisconsin Supreme Court · 1947

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