UNITED STATES v. UHLMANN GRAIN CO.

No. 5566.

84 F.2d 901 (1936)

UNITED STATES v. UHLMANN GRAIN CO.

Circuit Court of Appeals, Seventh Circuit.

June 18, 1936.


Attorney(s) appearing for the Case

Frank J. Wideman, Asst. Atty. Gen., Sewall Key, Andrew D. Sharpe, and E. F. McMahon, Sp. Assts. to the Atty. Gen., and Michael L. Igoe, U. S. Atty. of Chicago, Ill., for the United States.

James J. Coughlin and Walter F. Cunningham, both of Chicago, Ill., for appellee.

Before EVANS and SPARKS, Circuit Judges, and LINDLEY, District Judge.


SPARKS, Circuit Judge.

The government appeals from a judgment ordering the refund to the taxpayer of certain sums paid under protest upon assessment for stamp taxes. It raises the question of whether or not certain transactions known in the parlance of the Board of Trade as "accommodation trades" or "position loans" are sales, agreements of sale, or agreements to sell, and as such, subject to the excise tax levied under section 800, et seq., Schedule A(4) of the Revenue...

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