Utah Oil Refining Co. v. Hinckley

MURRAH, Circuit Judge.

This action was brought to recover capital stock taxes paid by appellant, Utah Oil Refining Company, for the year 1933. The statutes involved are Sections 215 and 216 of the National Industrial Recovery Act, June 16, 1933, c. 90, 48 Stat. 195, 207, 208. The appeal is from a judgment dismissing the complaint.

Section 215 imposes a tax on the capital stock of domestic corporations based upon, and in accordance with, its adjusted value as declared by the taxpayer. Section 216 imposes a tax on the excess profits with respect to the earnings on the capital stock, taxable under…