Welch

Appellant brought this action to recover money paid to the United States Collector of Internal Revenue for stamp taxes upon certain first mortgage participation certificates issued by the appellant. The demurrer to the complaint was sustained and judgment entered in favor of appellee. The sole question is whether or not such certificates are “corporate securities” and thus subject to stamp taxes under and by virtue of the provisions of 26 USCA § 901, schedule A, subdivision 1. The Revenue Acts of February 26,1926, § 800, 44 Stat. 99 , and Act of May 29, 1928, § 442 (a), 44 Stat. 867 (26 USCA *185 § 901). That section provides for the levy and collection of a tax upon the “several bonds, debentures, or certificates of stock and of indebtedness, and other documents, instruments, matters, and things mentioned and described in Schedule A of this .chapter.” That description is as follows: “(1) Bonds, debentures, certificates of indebtedness, and other corporate securities. On all bonds, debentures, or certificates of indebtedness issued by any corporation, and all instruments, however termed, issued by any corporation with interest coupons or in registered form, known generally as…