H. D. BOB & CO. v. UNITED STATES

No. 20, Docket 23976.

237 F.2d 607 (1956)

H. D. BOB & CO., Inc., Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided October 25, 1956.


Attorney(s) appearing for the Case

Stanley H. Handman, Kenneth Carroad, New York City (Philip H. Busner, New York City, on the brief), for plaintiff-appellant.

Earl J. McHugh, Asst. U. S. Atty., Southern Dist. of N. Y., New York City, Paul W. Williams, U. S. Atty. for the Southern Dist. of N. Y., New York City, for defendant-appellee.

Before HAND, MEDINA and HINCKS, Circuit Judges.


HINCKS, Circuit Judge.

This is an action brought by a taxpayer under 7 U.S.C.A. § 644 et seq., to obtain a refund of floor taxes collected under the Agricultural Adjustment Act of 1933.

The taxes in question totaled $136,025.83 and were paid to the Government in the years 1933 through 1935 as floor taxes on the sale of cotton goods. In 1937 the taxpayer filed a claim for refund of these taxes, in which it requested a field audit on the stated ground that...

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