KILKENNY, District Judge.
Plaintiff seeks to recover $1,658.03, plus interest, the amount of the Federal manufacturer's excise tax alleged to have been illegally and erroneously paid to defendant. Defendant denies plaintiff's claim and counter-claims for $10,533.60, for unpaid excise taxes from October 1, 1955, through June 30, 1958.
Section 4141 of the Internal Revenue Code of 1954, as amended, 26 U.S.C.A. § 4141, imposed a tax on the sale by a manufacturer...
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