MORRIS PLAN BANK OF NEW HAVEN v. SMITH

No. 143.

125 F.2d 440 (1942)

MORRIS PLAN BANK OF NEW HAVEN v. SMITH, Collector of Internal Revenue.

Circuit Court of Appeals, Second Circuit.

Decided January 28, 1942.


Attorney(s) appearing for the Case

Watrous, Gumbart & Corbin, of New Haven, Conn. (Morris Tyler, of New Haven, Conn., of counsel), for Morris Plan Bank of New Haven.

Samuel O. Clark, Jr., Asst. Atty. Gen., J. Louis Monarch and Louise Foster, Sp. Assts. to the Atty. Gen., and Robert P. Butler, U. S. Atty., and Valentine J. Sacco, Asst. U. S. Atty., both of Hartford, Conn., for defendant-appellee.

Before L. HAND, SWAN, and CHASE, Circuit Judges.


CHASE, Circuit Judge.

The plaintiff, a corporation organized under the laws of the State of Connecticut and at all pertinent times classified thereunder as an industrial bank, was taxed for the years 1936 and 1937 in accordance with the provisions of Sections 13 and 14 of the Revenue Act of 1936 relating to corporations, 26 U.S.C.A. Int.Rev.Acts, pages 822, 823. It paid the taxes so assessed and duly filed a claim for the refund of what it paid in excess of what it...

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