ELECTRIC STORAGE BATTERY CO. v. McCAUGHN

No. 14008.

54 F.2d 814 (1931)

ELECTRIC STORAGE BATTERY CO. v. McCAUGHN, Formerly Collector of Internal Revenue.

District Court, E. D. Pennsylvania.

October 10, 1931.


Attorney(s) appearing for the Case

Charles C. Norris, Jr., of Philadelphia, Pa., for plaintiff.

Paul Freeman, Asst. U. S. Atty., of Philadelphia, Pa., and E. F. McMahon, Sp. Atty., Bureau of Internal Revenue, of Washington, D. C., for defendant.


KIRKPATRICK, District Judge.

I am satisfied that the claim for refund in this case was a sufficient compliance with the requirement of the statute as to the amount of $148,381.05 as well as to the larger amount of $825,151.52. The smaller amount represents taxes passed on to the plaintiff's customers, that is, added by the plaintiff to the price of the batteries sold by it. But the plaintiff paid the entire amount, both the smaller and the larger sum, to the collector...

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