Celanese Lanese Corp. v. Higgins

RIFKIND, District Judge.

Section 1200(a) of the Internal Revenue Code, as amended by § 301 of the Revenue Act of 1941, 26 U.S.C.A.Int.Rev.Acts, page 115, provided as follows: “(a) Domestic corporations.

“For each year ending June 30, beginning with the year ending June 30,, 1939, there shall be imposed upon every domestic corporation with respect to carrying on or doing business- for any part of such year an excise tax of $1.25 for each $1,000. of the adjusted declared value of its capital stock.”

The question presented by this suit is whether the plaintiff was “carrying on or doing business”…