GEDEX REALTY CORPORATION v. HIGGINS


47 F.Supp. 342 (1942)

GEDEX REALTY CORPORATION v. HIGGINS, Collector of Internal Revenue.

District Court, S. D. New York.

October 29, 1942.


Attorney(s) appearing for the Case

Wickes, Neilson & Riddell, of New York City (Eustace W. Tomlinson, of New York City, and Hugh R. Dowling, of Baltimore, Md., of counsel), for plaintiff.

Mathias F. Correa and Arnold C. Stream, both of New York City, for defendant.


RIFKIND, District Judge.

The facts in this case having been stipulated, only a question of law is presented for decision. The question is whether the stamp tax paid by plaintiff was erroneously or illegally assessed and collected. A timely claim for refund has been made and rejected.

The statute under which the assessment was made is Section 800 of the Revenue Act of 1926, as amended by Section 721 of the Revenue Act of 1932, 26 U.S.C.A. Int.Rev.Acts, pages...

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