CENTENNIAL OIL CO. v. THOMAS

No. 9217.

109 F.2d 359 (1940)

CENTENNIAL OIL CO. v. THOMAS, Collector of Internal Revenue.

Circuit Court of Appeals, Fifth Circuit.

January 19, 1940.


Attorney(s) appearing for the Case

Harry C. Weeks and R. B. Cannon, both of Fort Worth, Tex., for appellant.

Lee A. Jackson and Sewall Key, Sp. Assts. to Atty. Gen., Samuel O. Clark, Jr., Asst. Atty. Gen., Clyde O. Eastus, U. S. Atty., of Fort Worth, Tex., and John A. Erhard, Asst. U. S. Atty., of Dallas, Tex., for appellee.

Before SIBLEY, HUTCHESON, and HOLMES, Circuit Judges.


SIBLEY, Circuit Judge.

Centennial Oil Company, after doing business for two and a half years, had accumulated profits of $42,525 but had declared no dividends. In April, 1937, it surrendered its charter and dissolved, delivering all its assets to Amtex Petroleum Corporation, the owner of all its stock. A surtax on the undivided profits was assessed under the Revenue Act of 1936, 49 Stat. 1648 et seq., and paid to the Collector. Refund not being granted, the officers...

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