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STANDARD OIL CO. v. THORESEN

No. 8107.

29 F.2d 708 (1928)

STANDARD OIL CO., INDIANA, v. THORESEN, Tax Commissioner of North Dakota, et al.

Circuit Court of Appeals, Eighth Circuit.

November 17, 1928.

Attorney(s) appearing for the Case

E. B. Cox, of Bismarck, N. D. (C. W. Martyn and F. E. Packard, both of Chicago, Ill., and O'Hare, Cox & Cox, of Bismarck, N. D., on the brief), for appellant.

C. J. Lynch, of Bismarck, N. D. (T. H. H. Thoresen, of Bismarck, N. D., on the brief), for appellees.

Before BOOTH, Circuit Judge, and POLLOCK and DEWEY, District Judges.

POLLOCK, District Judge.

This is a tax case from the state of North Dakota. That state enacted a tax law in the year 1923, which, in so far as here material, provides (chapter 312, Session Laws North Dakota 1923) as follows:

"There shall be levied, collected and paid for the year ending December 31, 1923, and annually thereafter, upon the net income of every domestic and every foreign corporation received from such sources as are described in article II, sections...

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