BAKER & TAYLOR CO. v. UNITED STATES


21 F.2d 787 (1927)

BAKER & TAYLOR CO. v. UNITED STATES. SAME v. BOWERS, Internal Revenue Collector.

District Court, S. D. New York.

September 9, 1927.


Attorney(s) appearing for the Case

Wm. E. Russell, of New York City (Jos. B. Miller, of New York City, of counsel), for plaintiff.

Charles H. Tuttle, U. S. Atty., of New York City (Samuel C. Coleman, Asst. U. S. Atty., of New York City, of counsel), for defendants.


MACK, Circuit Judge.

Plaintiff claims the recovery of income and profits taxes paid under an alleged erroneous assessment for the years 1917 to 1921, inclusive.

The charter of plaintiff's predecessor, the Baker & Taylor Corporation, expired by limitation in February, 1906, and its assets vested by operation of law in its two stockholders in the proportion of 9 to 1. Plaintiff corporation was organized a few days thereafter, and four months later the two...

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