MANUFACTURERS TRUST CO. v. UNITED STATES

No. 43829.

32 F.Supp. 289 (1940)

MANUFACTURERS TRUST CO. v. UNITED STATES

Court of Claims.

April 1, 1940.


Attorney(s) appearing for the Case

Donald Marks, of New York City (Baer & Marks, of New York City, on the brief), for plaintiff.

George H. Foster, of Washington, D.C., and Samuel O. Clark, Jr., Asst. Atty. Gen. (Robert N. Anderson and Fred K. Dyar, both of Washington, D.C., on the brief), for defendant.

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


GREEN, Judge.

This suit is begun to recover a refund of an alleged overpayment of the tax imposed by section 8 of the Silver Purchase Act of 1934, 48 Stat. 1179, 26 U.S.C.A.Int.Rev. Code, §§ 1805, 1821(b) (4). There is no dispute as to the facts in the case which so far as material to the decision to be rendered, are as follows:

In 1934, plaintiff purchased approximately 2,000,000 ounces of silver bullion in eight purchases. Between December 3, 1935...

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