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S. S. KRESGE COMPANY v. UNITED STATES

No. 17073.

379 F.2d 309 (1967)

The S. S. KRESGE COMPANY, a Michigan corporation, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

June 21, 1967.

Attorney(s) appearing for the Case

Edward C. Hanpeter, Detroit, Mich., for appellant, Dykema, Wheat, Spencer, Goodnow & Trigg, Detroit, Mich., on brief.

Crombie J. D. Garrett, Atty., Dept. of Justice, Washington, D. C., for appellee, Mitchell Rogovin, Asst. Atty. Gen., Lee A. Jackson, David O. Walter, Attys., Dept. of Justice, Washington, D. C., on brief, Lawrence Gubow, U. S. Atty., Milton J. Trumbaure, Jr. Asst. U. S. Atty., Detroit, Mich., of counsel.

Before PHILLIPS and EDWARDS, Circuit Judges, and CECIL, Senior Circuit Judge.

PER CURIAM.

This is appellant Kresge's second attempt to recoup taxes paid the United States on the value of lunches which it furnishes free to its lunch stand employees during their half-hour lunch periods. The statutes involved are the Federal Insurance Contributions Act (26 U.S.C. §§ 3101-3125 (1964)), and the Federal Unemployment Tax Act (26 U.S. C. §§ 3301-3308 (1964)) which provide funds for social security and unemployment benefits, respectively...

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