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BROOKLYN TRUST CO. v. CORWIN

5 F.Supp. 287 (1933)

BROOKLYN TRUST CO. v. CORWIN, Collector of Internal Revenue.

District Court, E. D. New York.

July 26, 1933.

Attorney(s) appearing for the Case

Cullen & Dykman, of Brooklyn, N. Y. (Francis L. Durk, of Brooklyn, N. Y., of counsel), for plaintiff.

Howard W. Ameli, U. S. Atty., of Brooklyn, N. Y. (L. H. Baylies, of Washington, D. C., of counsel), for defendant.

INCH, District Judge.

This is an action at law. A jury was duly waived. The action is brought by plaintiff, Brooklyn Trust Company, to recover a stamp tax claimed to have been unlawfully imposed. The tax was paid, under protest, on August 2, 1932, and the amount sought to be recovered is $8,752.55 with interest.

It was imposed pursuant to Schedule A, subd. 2, title 8, of the Revenue Act of 1926 (44 Stat. 101, 26 USCA § 901, Schedule A (2), which is as...

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