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JOHN J. CASALE, INC. v. UNITED STATES

No. 48642.

86 F.Supp. 167 (1949)

JOHN J. CASALE, Inc. v. UNITED STATES.

United States Court of Claims.

Motion for New Trial Overruled November 7, 1949.

Attorney(s) appearing for the Case

Robert H. McNeill, Washington, D. C. (T. Bruce Fuller, Washington, D. C., on the brief), for plaintiff.

John W. Hussey, Washington, D. C., Theron Lamar Caudle, Asst. Atty. Gen. (Andrew D. Sharpe, Washington, D. C., on the brief), for defendant.

Before JONES, Chief Judge, and LITTLETON, HOWELL, MADDEN, and WHITAKER, Judges.

LITTLETON, Judge.

The question in this case is whether plaintiff was engaged in transporting property for hire within the meaning of Section 3475(a) of the Internal Revenue Code, 26 U.S.C.A. § 3475(a), which provides as follows: "There shall be imposed upon the amount paid within the United States after the effective date of this section for the transportation, on or after such effective date, of property by rail, motor vehicle, water, or air from one point in...

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