Carnegie-Illinois Steel Corp. v. United States

SCHOONMAKER, District Judge.

This is an action by the plaintiff to recover capital-stock taxes imposed upon the Sharon Tin Plate Company, predecessor corporation of the Carnegie-Ulinois Steel Corporation, the present plaintiff in this case. The taxes imposed were levied under Section 701 of the Revenue Act of 1934, Title 26 U.S.C.A. § 1358, and Section 105 of the Revenue Act of 1935, 49 Stat. 1017.

The basis on which the plaintiff is seeking to recover is that the Sharon Tin Plate Company was not doing or carrying on business during the years 1934 and 1935. Timely and proper refund claims were…