Fiman v. Hughes County

MISER, C.

Appellant is the receiver of the National Bank of 'Commerce of Pierre, S. D., which, since February, 1925, has been closed for liquidation. As such receiver, he applied for the refund of the taxes paid by the bank for the years 1920-1923, inclusive, -on the shares of its capital stock. This application was rejected by the board of county commissioners, whose action was confirmed on appeal to the circuit court. Appellant claims that the tax paid was invalid for the reason that, contrary to section 5219-, U. S. Rev. Stat. (12 US'CA § 548), it was assessed at a greater rate than was…