UNITED STATES INDUSTRIAL CHEMICALS v. JOHNSON


85 F.Supp. 639 (1949)

UNITED STATES INDUSTRIAL CHEMICALS, Inc. v. JOHNSON, Collector of Internal Revenue.

United States District Court S. D. New York.

August 22, 1949.


Attorney(s) appearing for the Case

Shearman & Sterling & Wright, New York City (Charles Goodwin, Jr., and Paul R. Russell, Washington, D. C., of counsel), for plaintiff.

John F. X. McGohey, United States Atty., James A. Devlin, Asst. U. S. Atty., New York City, for defendant.


RIFKIND, District Judge.

This suit for the refund of stock transfer tax in the amount of $15,107.65, paid by the plaintiff corporation, was tried to the court on a stipulation of facts. It presents the following question: on the merger of a parent corporation with and into its subsidiary, the stock of which is wholly owned by the parent, where the outstanding capital stock of the parent is converted in accordance with the agreement of merger so as to become the capital...

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