Hercules Mining Co. v. United States

CAVANAH, District Judge.-

The action presents the same principle of law that appeared in the cases of United Mercury Mines Co. v. Viley, Collector of Internal Revenue, D.C., 20 F. Supp. 734, and Ambergris Consolidated Mining Company v. United States, D.C., 27 F.Supp. 968, where the Court was called upon to interpret the revenue Act known as the Capital Stock Tax Act, 26 U.S.C.A. Int.Rev.Code, § 1200 et seq., and it was there held that the activities engaged in by the Company depended upon its particular facts and must relate to the carrying on in a corporate capacity as authorized. This…