SENGER v. UNITED STATES

Civ. A. No. 2838.

245 F.Supp. 109 (1965)

Harold H. SENGER, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court D. Delaware.

August 11, 1965.


Attorney(s) appearing for the Case

Daniel O. Hastings, of Hastings, Taylor & Willard, Wilmington, Del., and Robert M. Taylor, Philadelphia, Pa., for plaintiff.

Louis F. Oberdorfer, Asst. Atty. Gen., C. Moxley Featherston, David A. Wilson, Jr., Burton G. Lipsky, Dept. of Justice, Washington, D. C., Alexander Greenfield, U. S. Atty., Wilmington, Del., for defendant.


LAYTON, District Judge.

This is a suit against the United States (hereafter defendant) on a claim for a tax refund.

From 1946-1953 the taxpayer, Harold H. Senger, was engaged in the business of transporting milk by tank trucks and trailers. As such transporter he was required, by 1939 IRC § 3475, to collect an excise tax from his customers, make returns, and pay the taxes to the United States. Senger collected the tax and accurately kept records of his...

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