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GENERAL ELECTRIC COMPANY v. BURTON

Civ. A. No. C 63-263.

244 F.Supp. 94 (1965)

GENERAL ELECTRIC COMPANY, Plaintiff, v. Melvin J. BURTON, District Director of Internal Revenue, Defendant.

United States District Court N. D. Ohio, E. D.

May 20, 1965.

Attorney(s) appearing for the Case

Squire, Sanders & Dempsey, James C. Davis and Warren E. Hacker, Cleveland, Ohio, of counsel; Walter H. Beaman, Jr., New York City, for plaintiff.

Merle M. McCurdy, U. S. Dist. Atty., Cleveland, Ohio, Richard M. Roberts, Acting Asst. Atty. Gen., C. Moxley Featherson, David A. Wilson, Jr., Marvin Joseph Garbis, Dept. of Justice, Washington, D. C., for defendant.

GREEN, District Judge.

This suit was brought under 26 U.S.C. § 7422 to recover internal revenue taxes alleged to have been erroneously and illegally assessed and collected from plaintiff by defendant under 26 U.S.C. § 4131 for the second calendar quarter of 1962 (April 1, 1962 to June 30, 1962). The tax in question was imposed upon a device manufactured and sold by defendant known as an electro-luminescent lamp...

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