NIAGARA HUDSON POWER CORPORATION v. HOEY


34 F.Supp. 302 (1940)

NIAGARA HUDSON POWER CORPORATION v. HOEY, Collector of Internal Revenue.

District Court, S. D. New York.

July 11, 1940.


Attorney(s) appearing for the Case

Le Boeuf, Machold & Lamb, of New York City (Horace R. Lamb, of New York City, of counsel), for plaintiff.

John T. Cahill, U. S. Atty., of New York City (Samuel Brodsky, Asst. U. S. Atty., of New York City, of counsel), for defendant.


COXE, District Judge.

This is a suit for a refund of a stock transfer stamp tax of $260,969.04 alleged to have been illegally collected from the plaintiff. The tax was paid to the defendant on October 21, 1938, and claim for refund was thereafter rejected. The facts have been stipulated, and both sides have moved for summary judgment.

The plaintiff was formed on February 1, 1937 by the consolidation under Section 86 of the New York Stock Corporation Law, Consol...

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