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BLACK PRINCE DISTILLERY, INC. v. UNITED STATES

Civ. A. No. 80-1081 L.

586 F.Supp. 1169 (1984)

The BLACK PRINCE DISTILLERY, INC., Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, D. New Jersey.

April 17, 1984.

Attorney(s) appearing for the Case

Daniel L. Rabinowitz, McCarter & English, Newark, N.J., for plaintiff.

D. Patrick Mullarkey, Asst. U.S. Atty., Dept. of Justice, Stephen T. Lyons, Asst. U.S. Atty., Washington, D.C., Newark, N.J., for defendant.

MEMORANDUM OPINION

LACEY, District Judge.

Plaintiff is a producer of distilled spirits, with manufacturing facilities located in Clifton, New Jersey. During the years 1976 and 1977, it paid distilled spirits taxes imposed by 26 U.S.C. § 5001 et seq. which were assessed on the volume of distilled spirits produced for that period. Subsequently, plaintiff filed two claims for refunds of the taxes paid for those years presumably because plaintiff...

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