UNITED STATES v. GREAT LAKES PIPE LINE COMPANY

No. 17427.

328 F.2d 79 (1964)

UNITED STATES of America, Appellant, v. GREAT LAKES PIPE LINE COMPANY, Appellee.

United States Court of Appeals Eighth Circuit.

February 28, 1964.


Attorney(s) appearing for the Case

David I. Granger, Attorney, Tax Division, Dept. of Justice, Washington, D. C., Louis F. Oberdorfer, Asst. Atty. Gen., Washington, D. C., Lee A. Jackson, Robert N. Anderson, Attorneys, Dept. of Justice, Washington, D. C., F. Russell Millin, United States Atty., Kansas City, Mo., and Calvin K. Hamilton, Asst. U. S. Atty., Kansas City, Mo., on the brief, for appellant.

Leon B. Seck, Kansas City, Mo., Ralph M. Jones of Swanson, Midgley, Jones, Blackmar & Eager, Kansas City, Mo., for appellee.

Before VOGEL, BLACKMUN and RIDGE, Circuit Judges.


VOGEL, Circuit Judge.

This is an appeal by the United States from a judgment in the District Court in favor of Great Lakes Pipe Line Company in a suit brought to recover federal excise taxes in the amount of $340,461.05 plus interest which it was claimed had been illegally assessed and collected for the period between July 1, 1953 and July 1, 1957, inclusive. The tax was assessed under the provisions of 26 U.S.C.A. § 3460(a) of the Internal Revenue Code of 1939...

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