CALIFORNIA AND HAWAIIAN SUGAR REFIN. CORP. v. UNITED STATES

No. 287-59

311 F.2d 235 (1962)

CALIFORNIA AND HAWAIIAN SUGAR REFINING CORPORATION, Limited v. The UNITED STATES.

United States Court of Claims.

December 5, 1962.


Attorney(s) appearing for the Case

Marion B. Plant, San Francisco, Cal., for plaintiff.

Warren R. Wise, Washington, D. C., with whom was Asst. Atty. Gen., Louis F. Oberdorfer, for defendant. Edward S. Smith and Philip R. Miller, Washington, D. C., were on the brief.


DAVIS, Judge.

The California and Hawaiian Sugar Refining Corporation sues for a refund of income taxes and interest which it was required to pay for 1953. In the view we take, the case involves two separate but related issues. The first is whether processing and floor stock taxes paid by the plaintiff in 1934 and 1935 under the Agricultural Adjustment Act of 1933, and refunded to it in 1953 after the invalidation of that statute, are a return of capital or taxable...

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