Mahoning Coal R. v. Higgins

LEIBELL, District Judge.

This is an action to recover the amount of federal capital stock taxes paid under protest' by the plaintiff for the tax years ending June 30, 1937, June’ 30, 1938 and June 30, 1939, in the respective sums of $18,627.67, $19,240.17 and $18,337.49, including interest. The declared value of plaintiff’s capital stock was $17,500,000, for 1937 and 1938, and $17,727,877.88 for 1939. The tax was 1%.

In its returns the plaintiff claimed exemption from the tax on the ground that it was not carrying on or doing business during the tax years in question. The Commissioner denied…