Baldwin Co. v. Berliner

ROCHE, District Judge.

Plaintiff, a California corporation, seeks by this action to recover the amount heretofore paid by it as capital stock tax, penalty and interest for the fiscal year ending June 30, 1941. The tax was levied on the ground that the taxpayer corporation was carrying on or doing business within the meaning of Section 1200 of the Internal Revenue Code, the pertinent portion of which appears below.1

The plaintiff is a personal holding company, organized in March of 1941. It is the successor to the Baldwin Corporation, a Colorado corporation, whose assets consisted chiefly of…