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NORUMBEGA CO. v. BENNETT

No. 6687.

3 F.Supp. 500 (1933)

NORUMBEGA CO. v. BENNETT et al.

District Court, E. D. New York.

February 15, 1933.

Attorney(s) appearing for the Case

Lord, Day & Lord, of New York City (Bernard Knollenberg and Franklin B. Lord, both of New York City, of counsel), for complainant.

Wendell P. Brown, Asst. Atty. Gen., for defendants.

Before SWAN, Circuit Judge, and CAMPBELL and MOSCOWITZ, District Judges, convened pursuant to section 266 of the Judicial Code (28 USCA § 380).

SWAN, Circuit Judge.

The first paragraph of section 182 of article 9 of the New York Tax Law (Consol. Laws, c. 60) imposes an annual franchise tax upon real estate corporations as therein defined. From the time of its incorporation in 1911 up to and including March, 1932, the complainant filed its tax returns as a real estate corporation under section 182, and paid a franchise tax under said section for each year up to January, 1931. In April, 1932, the complainant...

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