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UNITED STATES GEAR CORPORATION v. UNITED STATES

No. H-455.

15 F.Supp. 66 (1936)

UNITED STATES GEAR CORPORATION v. UNITED STATES.

Court of Claims.

June 1, 1936.

Attorney(s) appearing for the Case

George M. Morris, of Washington, D. C. (Morris, Kix Miller & Baar, of Washington, D. C., and Bisbee, McKone, Wilson, King & Kendall, of Jackson, Mich., on the brief), for plaintiff.

James A. Cosgrove, of Washington, D. C., and Frank J. Wideman, Asst. Atty. Gen., for the United States.

Before BOOTH, Chief Justice, and GREEN, LITTLETON, WILLIAMS, and WHALEY, Judges.

BOOTH, Chief Justice.

This tax case involves an issue of fact. The suit is brought under the provisions of subdivision 3 of section 900 of the Revenue Acts of 1918 and 1921, and subdivision 3 of section 600 of the Revenue Act of 1924 (43 Stat. 322). The acts of 1918 and 1921 (40 Stat. 1122; 42 Stat. 291) are in part as follows:

"Sec. 900. That * * * there shall be levied, assessed, collected, and paid upon the following...

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