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BRICKER BAKING CO. v. ROTHENSIES

No. 1330.

46 F.Supp. 742 (1942)

BRICKER BAKING CO. v. ROTHENSIES, Collector of Internal Revenue, et al.

District Court, E. D. Pennsylvania.

September 22, 1942.

Attorney(s) appearing for the Case

Charles L. Miller, of Lancaster, Pa., for plaintiff.

Gerald A. Gleeson, U. S. Atty., and Thomas J. Curtin, Asst. U. S. Atty., both of Philadelphia, Pa., Samuel O. Clark, Jr., Asst. Atty. Gen., and Andrew D. Sharpe and O. W. Hammonds, Sp. Assts. to Atty. Gen., for defendants.

KALODNER, District Judge.

This action was brought to recover payments of floor stock taxes imposed under the Agricultural Adjustment Act of 1933, 7 U.S. C.A. § 601 et seq. The complaint refers to two payments of such taxes in the respective amounts of $219.42 and $720.55 (including interest and penalties). Plaintiff conceded during the course of the trial of the case that in view of the failure to incorporate the claim for the payment of $219.42 in the Refund...

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