Legal Opinion
Kentile, Inc. v. United States
District Court, E.D. New York
Decided October 11, 1957No. Civ. No. 17781Published
1Opinion of the Court
BRUCHHAUSEN, District Judge.
The plaintiff herein moves for summary judgment in its favor in the sum *842of $10,032.15, alleged to have been erroneously levied and collected by the defendant for Documentary Stamp Taxes.
The question herein is whether transfers by the defendant corporation from its surplus account to its capital account, unaccompanied by the issue of new or additional shares to its stockholders, are subject to the stamp taxes imposed by 26 U.S.C.A. §§ 1800, 1802.
The essential facts, not disputed, in substance are:
1. The plaintiff, a New York Corporation, issued 21,185 shares of no…
2Cases cited11 opinions
- Edwards v. Wabash Ry. Co.Court of Appeals for the Second Circuit · 1920
- United States v. California Electric Power Co.Court of Appeals for the Ninth Circuit · 1951
- W. T. Grant Co. v. DugganCourt of Appeals for the Second Circuit · 1938
- F. & M. Schaefer Brewing Co. v. United StatesDistrict Court, E.D. New York · 1955
- United States v. National Sugar Refining Co.District Court, S.D. New York · 1953
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