RAHKE v. UNITED STATES

No. 281-57.

180 F.Supp. 576 (1960)

Fletcher T. RAHKE v. UNITED STATES.

United States Court of Claims.

February 3, 1960.


Attorney(s) appearing for the Case

Wesley A. Dieberger and Merle H. Miller, Indianapolis, Ind., for plaintiff. Donald G. Sutherland and Ross McCord Ice & Miller, Indianapolis, Ind., on the briefs.

Garry A. Pearson, Washington, D. C., and Acting Asst. Atty. Gen. Howard A. Heffron, for defendant. James P. Garland, Lyle M. Turner and Charles H. Magnuson, Washington, D. C., on the brief.


MADDEN, Judge.

The plaintiff sues to recover $500 which he was required to pay as an excise tax on wagering which, the Government alleges and he denies, he engaged in. The period for which the plaintiff paid the $500 tax was one day, June 30, 1952.

Section 3285 of the Internal Revenue Code of 1939, added to the Code by section 471(a) of the Revenue Act of 1951, c. 521, 65 Stat. 452, 529, 26 U.S.C.A. § 3285, imposed an excise tax of 10% on wagers and provided...

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