Show ANOTHER INCOME TAX CASE stockholder brings suit against corporation directors columbus 0 0 iab ag 36 C D R odger jr brines purl against the columbus 13 car r staffe age company NV T S rodgers Rod sere A D rodgers deal and hamilton ile to the income tax law iliff says he owns shar behare of stock in the above comp alny which Is en ell gagl blvd d in manufacturing and dealing in bu biggles bug ggles 69 etc the company for the year wk earned it A large lare amount of money above its expenses and declared a dividend the above named defendants defend anta aro are it a majority of ft the hoard board of dir clors and by virtue of tho the income tax raw intend to pay the united states a tax of 2 per cent upon the net pronta profits pro nta for the th year ending december 31 13 MI Plain raft alleges thul that said tax Is null dull and vold void in that it Is a direct dart ct tax mic in respect to the real dentate held and novt owned ned by the company and Is likewise a direct tax upon the rents 1 laws mes and pronta profits of eald real estate andriso an and daiso alea upon its personal property in which direct taxes uro ura not in and by said net act proportioned among the several states ea as required by section 3 2 of the article of the constitution odthe of the united states suld tax Is IB im iosel on such huch corporations although inal ld uala similar burnesa buil ness under like conditions and having like property etc eio and income are exempted front from tile payment of aid taxes gt also alao alleges that dersom holding stock in such buch cor pora tlona ond and receiving thero chere from and having other sources of income ure are exempt from the tax it if their net ln in come Is less fesa than af axt WA per annum annual the effect of such comp companas anys being comp eliod to pay tile tho tax would tend to lessen tile the value of the shares of tho the stock blocks decrease doc roase I 1 the dividends ond and compel su such tiers persona in s holding holBin iT said raid shares although their incomes n sire are less than IM to i virtually pray pay such income tax plaintiff says hla his income fatla falls tn in this category and if the corporation li in corn com belleti rk hod to pay the tax he Is 1 also fercl to pay his ill s share of it as a stockholder says baya that if the bonida ny pay MYS ane tax as a it propos eq to do h he e will be deprived of port part of his income and will itule no remedy at law to recover the same flame ite ire state that a suit Is now pending in the supreme court of the united states to test teat wald law and risks that tho this directors be from with the I 1 diw until that question intuition li Is A temporary restraining order was grant rant ed by judge push pugh until march 2nd and when m hera 1 a I motion will be heard |