Poe

During the years 1921 to 1924, inclusive, the appellant made 26 sales of standing timber on lands in the state of Washington and 24 sales of standing timber on lands in the state of Idaho, the contracts in each ease providing that the vendee should have the right to enter and remove the timber at any time before April 1, 1934. The appellant failed to affix revenue stamps to any of said contracts, or to pay a tax on any of said sales. Accordingly, on September 20, 1925, the Commissioner of Internal Revenue assessed a special tax against the appellant for each sale so made, the total assessment being $1,-289.50. The appellant, under protest, paid the assessment and thereafter filed with the Commissioner of Internal Revenue a claim for the refund thereof, which claim was rejected on the ground that the contracts were taxable as eonveyancés of real estate. The appellant thereupon brought its action in the court below to recover the sum so paid by it.

The Revenue Acts of 1918, 1921, and 1924, which cover the period of the execution of said contracts, imposed a tax upon “deed, instrument, or writing, whereby any lands, tenements, or other realty sold shall be granted, assigned,…