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BEBER v. UNITED STATES

No. 36894.

167 F.Supp. 169 (1958)

Edward A. BEBER, Jack Merrick, Earl L. Johnson and Charles A. Arata, copartners doing business under the firm name and style of Allied Produce Company, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court N. D. California, S. D.

October 27, 1958.

Attorney(s) appearing for the Case

Mark M. Coleman, San Francisco, Cal., for plaintiffs.

Robert H. Schnacke, U. S. Atty., Richard H. Foster, Asst. U. S. Atty., San Francisco, Cal., for defendant.

ROCHE, District Judge.

Plaintiffs sue to recover $1,376.71, with interest, which was paid as transportation of property tax from January 1, 1953 to December 31, 1953. The sole issue is whether "the amount paid * * * for the transportation * * * of property", as used in Int.Rev.Code of 1939, § 3475(a), added by 56 Stat. 979 (1942), 26 U.S.C.A. § 3475(a),1 includes charges by a railroad for supplying ice and salt for refrigerator...

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