In re Wyoming Valley Ice Co.

Citations

• 165 F. 789
• 1908 U.S. Dist. LEXIS 183

Syllabus

<p>1, Taxation (§ 454*1 — Corporations—Resettlement— Statutes.</p> <p>Act I>a. March 30, 3811 (5 Smith’s Laws, p. 231) $ 16, declares that the Auditor General and State Treasurer, at the request of each other or of the party, shall revise any settlements made by them, except such as have been appealed, from, or which, by any other proceeding had been taken out of their oiliees, if any request be made within 12 months Of the date of settlement; but after that time no settlement on which a final discharge has been granted shall be opened, but the same shall be quieted and finally closed. Held, that the officers, either of their own motion or at the instance of the party, may revise taxes which have been settled but not taken out of tlioir hands by appeal or otherwise, provided action is taken within the time specified and a final discharge has not been allowed.</p> <p>[Ed. Note. — For other cases, see Taxation. Cent. Big. § 8.10; Dec. Dig. § 454.*]</p> <p>2. Taxation (§ 530*) — Settijuients— Final Discharge.</p> <p>Where, after taxes had been settled against a corporation by the Auditor General and Stale Treasurer, the corporation became a bankrupt, and on petition the taxes were resettled and reduced both on corporate loans and on capital stock, which amounts were allowed by the referee and the tax on capital stock was paid by the trustee, but the tax on Loans was reversed, on appeal, the payment of the tax on the capital stock constituted a discharge as to them.</p> <p>[Ed. Note. — For other cases, see Taxation, Cent. Dig. § 985; Dec. Dig. § 530.*]</p> <p>3. Taxation (§ .478*) — Corporations—Resettlement. •</p> <p>Act Pa! March 30, 1811'(5 Smith’s Laws, p. 231) § 16, authorizes the Auditor General and State Treasurer to revise tax settlements made by them, except' such as have been appealed from or which by any other proceedings. have 'been taken out of their offices, if such request he made within 12 months from the date of settlement; but after that time no settle