PER CURIAM.
Plaintiff is a corporation. On July 19, 1932, it declared a dividend of not to exceed 25 percent of its capital stock to be paid during the fiscal year ending June 30, 1933. Pursuant to this declaration, plaintiff paid dividends in the sum of $40,000 on June 30, 1933.
In 1937 the Commissioner of Internal Revenue, purporting to act under Section 213(a) of the National Industrial Recovery Act, assessed a tax of 5 percent, or $2,000, on the amount...
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