[DOWNLOAD] "Cornett-Lewis Coal Co. v. Commissioner of Internal Revenue." by United States Court Of Appeals For The Sixth Circuit # eBook PDF Kindle ePub Free
eBook details
- Title: Cornett-Lewis Coal Co. v. Commissioner of Internal Revenue.
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 12, 1944
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 73 KB
Description
Petitioner was engaged in the business of mining coal, and was subject to the provisions of the Bituminous Coal Conservation Act, 49 Stat. 991, which became effective November 1, 1935. Section 3 of the Act imposed an excise tax on the sale of bituminous coal of fifteen percent of the sale price at the mine, and provided for a credit or drawback of ninety percent of the tax if the coal producer accepted and complied with the Code regulating the conduct of his business. The tax was payable monthly beginning November 1935. Petitioner did not become a member of the Code promulgated under the Act but attacked its constitutionality in the United States District Court for the Western District of Kentucky and in connection with that action it paid into the registry of the court one and one-half percent of the sale price of the coal sold by it at its mines during the period the action was pending. The Bituminous Coal Conservation Act was declared unconstitutional on May 18, 1936, in Carter v. Carter Coal Co., 298 U.S. 238, 56 S. Ct. 855, 80 L. Ed. 1160, at which time petitioner withdrew the money theretofore deposited and at no time paid into the Treasury of the United States any portion of the tax imposed under the Act.