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TOWNE v. EISNER

No. 563.

245 U.S. 418 (1918)

TOWNE v. EISNER, COLLECTOR OF UNITED STATES INTERNAL REVENUE FOR THE THIRD DISTRICT OF THE STATE OF NEW YORK.

Supreme Court of United States.

Decided January 7, 1918.

Attorney(s) appearing for the Case

Mr. Charles E. Hughes, with whom Mr. George Welwood Murray, Mr. Charles P. Howland and Mr. Louis H. Porter were on the briefs, for plaintiff in error.

The Solicitor General, with whom Mr. William C. Herron was on the brief, for defendant in error.

Mr. Gordon M. Buck, by leave of court, filed a brief as amicus curiae.

MR. JUSTICE HOLMES delivered the opinion of the court.

This is a suit to recover the amount of a tax paid under duress in respect of a stock dividend alleged by the Government to be income. A demurrer to the declaration was sustained by the District Court and judgment was entered for the defendant. 242 Fed. Rep. 702. The facts alleged are that the corporation voted on December 17, 1913, to transfer $1,500,000 surplus, being...

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