SHOTWELL v. UNITED STATES

No. 15563.

253 F.2d 467 (1958)

J. G. SHOTWELL, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied May 1, 1958.


Attorney(s) appearing for the Case

Zundel, Danz, Brain & Isaac, Seattle, Wash., Meredith M. Daubin, Washington, D. C., for appellant.

Charles K. Rice, Asst. Atty. Gen., Lee A. Jackson, Melva M. Graney, Arthur I. Gould, Richard M. Roberts, Attorneys, Department of Justice, Washington, D. C., Charles P. Moriarty, U. S. Atty., Seattle, Wash., for appellee.

Before HEALY, POPE, and CHAMBERS, Circuit Judges.


HEALY, Circuit Judge.

This is an appeal from an adverse judgment in a suit by appellant for the refund of taxes. The taxes were exacted by the United States under purported authority of § 3475 of the Internal Revenue Code of 1939, as added by § 620(a) of the Revenue Act of 1942, 26 U.S. C.A. § 3475, relating to the transportation of property. In relevant part this provision reads:

"(a) Tax. There shall...

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