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BOHEMIAN BREWERIES v. UNITED STATES

No. 42585.

27 F.Supp. 588 (1939)

BOHEMIAN BREWERIES, Inc., v. UNITED STATES.

Court of Claims.

May 29, 1939.

Attorney(s) appearing for the Case

Clarence F. Rothenburg, of Washington, D. C. (Charles D. Hamel, John Enrietto, and Hamel, Park & Saunders, all of Washington, D. C., on the brief), for plaintiff.

J. H. Sheppard, of Washington, D. C., and James W. Morris, Asst. Atty. Gen. (Robert N. Anderson and Fred K. Dyar, both of Washington, D. C., on the brief), for the United States.

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

LITTLETON, Judge.

Plaintiff seeks to recover the alleged overpayments of $5,017.63 for 1919 and $1,159.50 for 1920 on the ground that the Commissioner of Internal Revenue erroneously and illegally excluded as deductions in those years the amounts of $14,841.12 and $9,604.79, respectively, representing Federal excise tax paid in those years on sales by it of sweet apple cider which the Commissioner at that time had ruled was subject to the excise tax. Before the plaintiff...

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