LUMBER MUT. FIRE INS. CO. v. MALLEY

No. 1210.

44 F.2d 553 (1930)

LUMBER MUT. FIRE INS. CO. v. MALLEY.

District Court, D. Massachusetts.

December 1, 1930.


Attorney(s) appearing for the Case

F. H. Nash, of Boston, Mass., for plaintiff.

Frederick H. Tarr, U. S. Atty., and J. Duke Smith, Sp. Asst. to U. S. Atty., both of Boston, Mass., for defendant.


MORTON, District Judge.

The statute in question (Revenue Act of September 8, 1916, § 407, 39 Stat. 789) puts insurance companies into a class by themselves. It provides that "every corporation * * * having a capital stock represented by shares, and every insurance company [italics mine] * * * shall pay annually a special excise tax with respect to the carrying on or doing business by such corporation * * * or insurance company * * * and in estimating the...

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