Goodyear Inv. Corp. v. Campbell

SIMONS, Circuit Judge.

This appeal from a judgment dismissing appellant’s suit for refund of a capital stock tax claimed to have been illegally assessed and collected for tax periods ending June 30, 1934, 1935, 1936 and 1937, involves the single question whether appellant was a corporation “carrying on” or “doing business” during such periods within § 701, paragraphs (a) and (c) (3) of the Revenue Act of 1934, 26 U.S.C.A.Int.Rev. Acts, pages 787, 788.

The District Court rested decision inter alia upon assumption that the fulfilment by a corporation of its corporate purposes and functions…