Emporium Capwell Co. v. Anglim

ST. SURE, District Judge.

Plaintiff sues to recover documentary stamp tax in the amount of $16,514.12, paid under protest on June 14, 1941. The tax was assessed by the Collector of Internal Revenue under the provisions of §§ 1800, 1802, Internal Revenue Code, 26 U.S.C.A.; Schedule A-3 of Treasury Regulation 71, on the transfer of stock in connection with the merger of The Emporium Capwell Company (a California corporation), the plaintiff, and The Emporium Capwell Corporation (a Delaware corporation).

The facts are undisputed. The Delaware corporation owned the common stock of the California…