Landlord and tenant — Lease — Construction — Payment by lessee of taxes upon dividends declared by lessor — Lessor liable for payment or collection — Tax imposed by section 213 of National Industrial Recovery Act.
Tax imposed by section 213 of the National Industrial Recovery Act upon the receipt of dividends, providing that such tax shall be deducted and withheld from the dividends by the payor corporation, and that the latter shall be liable for the tax, held within the terms of a lease which required payment by the lessee, inter alia, of all taxes upon dividends declared and paid by the lessor to its stockholders, for the payment or collection of which the lessor would be liable under any lawful authority.
Argued January 9, 1936.
PER CURIAM, March 23, 1936:
The judgment is affirmed on the opinion of President Judge FINLETTER.