Crown Zellerbach Corp. v. Anglim

GOODMAN, District Judge.

Plaintiff seeks recovery of $22,082.08, the documentary stamp tax levied, pursuant to section 1802(a) of the Internal Revenue Code, Title 26 U.S.C., upon an issue of its stock. The facts have been stipulated. The sole question of law is whether or not the stock issue upon which the tax was levied was an “original issue” subject to the tax imposed by section 1802(a).

The term “original issue” is not statutorily defined. Section' 1802(a) states simply that a tax shall be levied on “each original issue, whether on organization or reorganization, of shares or certificates…