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H. R. LABORATORIES v. UNITED STATES

No. 331.

151 F.2d 118 (1945)

H. R. LABORATORIES, Inc., v. UNITED STATES et al.

Circuit Court of Appeals, Second Circuit.

August 20, 1945.

Attorney(s) appearing for the Case

Klein, Finke & Austin, Andrew B. Trudgian, and Gustav Nadel, all of New York City (Joseph J. Klein and Norma Rhoades, both of New York City, of counsel), for plaintiff-appellant.

John F. X. McGohey, U. S. Atty., of New York City (William L. Lynch, Asst. U. S. Atty., of New York City, of counsel), for defendants-appellees.

Before SWAN, CHASE, and FRANK, Circuit Judges.

CHASE, Circuit Judge.

When the excise tax on sales of toilet preparations by manufacturers took effect on June 21, 1932, Helena Rubinstein, Inc., a New York corporation, became taxable on its sales of them by virtue of § 603 of the Revenue Act of 1932, 26 U.S.C.A. Int. Rev.Acts, page 608. For a short time it added the amount of the taxes to its invoices but then decided to eliminate that practice and reimbursed its customers for the taxes thus passed on by delivering...

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