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BOSTITCH, INC. v. UNITED STATES

Civ. A. No. 1964.

164 F.Supp. 877 (1958)

BOSTITCH, Inc., Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court D. Rhode Island.

June 27, 1958.

Attorney(s) appearing for the Case

Thomas R. Wickersham, Tillinghast, Collins & Tanner, Providence, R. I., for plaintiff.

Charles K. Rice, Asst. Atty. Gen., James P. Garland and Rufus Stetson, Jr., Attys., Dept. of Justice, Washington, D. C., Joseph Mainelli, U. S. Atty., Providence, R. I., for defendant.

DAY, District Judge.

This is an action to recover excise taxes and interest thereon alleged to have been erroneously assessed and collected from the plaintiff for the period from January 1, 1949 to December 31, 1952. Said taxes were assessed pursuant to the provisions of section 3406(a) (6) of the Internal Revenue Code of 1939, 26 U.S.C.A. § 3406(a), (6), as amended, which imposed a tax as follows:

"§ 3406. Excise taxes imposed by the Revenue Act...

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