Gedex Realty Corp. v. Higgins

RIFKIND, District Judge.

The facts in this case having been stipulated, only a question of law is presented for decision. The question is whether the stamp tax paid by plaintiff was erroneously or illegally assessed and collected. A timely claim for refund has been made and rej ected.

The statute under which the assessment was made is Section 800 of the Revenue Act of 1926, as amended by Section 721 of the Revenue Act of 1932, 26 U.S.C.A-Int.Rev.Acts, pages 284, 288. That section reads in part as follows:

“Sec. 800. On and after the expiration of thirty days after the enactment of this Act there…