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NATIONAL SUGAR REFINING COMPANY v. UNITED STATES

No. 125-54.

161 F.Supp. 606 (1958)

The NATIONAL SUGAR REFINING COMPANY To The Use of Louis B. SANDLER, Doing Business as Sandler Brothers Company v. UNITED STATES.

United States Court of Claims.

May 7, 1958.

Attorney(s) appearing for the Case

Benjamin M. Altschuler, New York City, for plaintiff. Altschuler & Morrison, New York City, were on the brief.

Jerome S. Hertz, Washington, D. C., with whom was Asst. Atty. Gen. Charles K. Rice, for defendant. James P. Garland, Washington, D. C., was on the brief.

JONES, Chief Judge.

The National Sugar Refining Company, a New Jersey corporation engaged in the manufacture of refined sugar, brings this action for the use of Louis B. Sandler, a sugar broker doing business under the trade name of Sandler Brothers Company. Plaintiff's petition sets forth a claim for the refund of taxes paid under the manufacturers' excise tax imposed by section 3490 of the Internal Revenue Code of 1939, 26 U.S.C. § 3490. The issue presented...

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