Goggin

This is an appeal from a judgment of the District Court refusing to confirm, and vacating order of the referee fixing and allowing capital stock tax under 26 U.S.C.A Internal Revenue Code, § 1200 (a), for the year ending June 30, 1940, in the sum of *433 $202 against appellee, George T. Goggin, as trustee in bankruptcy of the estate of Acme Traffic Signal Company, a corporation, bankrupt, and determining that the bankruptcy court h.as the power to determine the capital stock tax in accordance with the real value of the assets of the bankrupt estate, rather than according to the adjusted declared value as determined in accordance with Section 1202 of the Internal Revenue Code, as amended by Section 301 of the Revenue Act of 1939, c. 247, 53 Stat. 862 , 882, 26 U.S.C.A. Int.Rev.Code, § 1202.

Under Section 1200 (a) of the Internal Revenue Code a capital stock tax is imposed on “every domestic corporation with respect to carrying on or doing business for any part of such year”, in this case being the year ending June 30, 1940, and the tax is measured by the adjusted declared value of the capital stock. Under Section 1202 the adjusted declared value for that year is the value as…