TRANSAMERICA CORPORATION v. LEWIS

No. 9819.

126 F.2d 402 (1942)

TRANSAMERICA CORPORATION v. LEWIS, Former Collector of Internal Revenue.

Circuit Court of Appeals, Ninth Circuit.

March 12, 1942.


Attorney(s) appearing for the Case

Claude I. Parker, Bayley Kohlmeier, and Harriet Geary, all of Los Angeles, Cal., for appellant.

Samuel O. Clark, Jr., Asst. Atty. Gen., Sewall Key, J. Louis Monarch, S. Dee Hanson, and Joseph Jones, Sp. Assts. to Atty. Gen., and Frank J. Hennessy, U. S. Atty., and Esther P. Phillips, Asst. U. S. Atty., both of San Francisco, Cal., for appellee.

Before GARRECHT, HANEY, and HEALY, Circuit Judges.


GARRECHT, Circuit Judge.

The question before the court on this appeal is whether the Documentary Stamp Tax imposed upon the transfer of corporate stocks by Title VIII, Section 800, Schedule A-3 of the Revenue Act of 1926, as amended, 44 Stat. 9, 99, 101; 47 Stat. 169, 273; 48 Stat. 206, § 212; 49 Stat. 431; 49 Stat. 2029; 50 Stat. 358, 26 U.S. C.A. Int.Rev.Acts, page 289, should be computed on the basis of the par or face value of the certificates surrendered...

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