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FEDERAL COKE CORPORATION v. DRISCOLL

Nos. 8860, 8861.

27 F.Supp. 224 (1939)

FEDERAL COKE CORPORATION v. DRISCOLL, Collector of Internal Revenue. SAME v. UNITED STATES.

District Court, W. D. Pennsylvania.

March 27, 1939.

Attorney(s) appearing for the Case

Reed, Smith, Shaw & McClay, W. A. Seifert, W. W. Booth, and Jos. G. Robinson, all of Pittsburgh, Pa., for plaintiff.

James W. Morris, Asst. Atty. Gen., and Andrew D. Sharpe, Jas. P. Garland, and Courtnay Hamilton, Sp. Assts. to Atty. Gen., Chas. F. Uhl, U. S. Atty., and Orris Bennett, Sp. Asst. U. S. Atty., both of Pittsburgh, Pa., for defendants.

SCHOONMAKER, District Judge.

These two suits were tried together. They are actions by plaintiff, as successor and transferee of the Republic Connellsville Coke Company, to recover capital-stock taxes imposed upon that company under section 701 of the Revenue Act of 1934, Tit. 26 U.S.C.A. § 1358; Section 105 of the Revenue Act of 1935, and Section 401 of the Revenue Act of 1936, 26 U.S. C.A. § 1358a; because it is alleged that the company was not doing or...

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