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ROSE-DERRY COMPANY v. UNITED STATES

Civ. A. No. 63-66-C.

243 F.Supp. 26 (1965)

ROSE-DERRY COMPANY, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court D. Massachusetts.

June 30, 1965.

Attorney(s) appearing for the Case

Wilson C. Piper, Harry K. Mansfield, and George T. Finnegan, Boston, Mass., for plaintiff.

Thomas P. O'Connor, Ass't. U. S. Atty., Boston, Mass., Marvin Garbis, Dept. of Justice, Tax Division, Washington, D. C., for defendant.

CAFFREY, District Judge.

This suit for refund of manufacturer's excise taxes paid by plaintiff was tried to the Court. The plaintiff seeks a refund for taxes assessed and paid pursuant to the requirements of Sec. 4061 (b), Internal Revenue Code, on account of sales of portable baby beds manufactured by plaintiff and sold by it during the period July 23, 1959 to November 30, 1959. At the trial plaintiff filed a written waiver of its claim for refund of manufacturer...

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