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STATE OF N.Y. v. U.S.

No. 93-CV-1315.

851 F.Supp. 50 (1994)

STATE OF NEW YORK, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, N.D. New York.

May 6, 1994.

Attorney(s) appearing for the Case

New York Civ. Recoveries Bureau, State of N.Y., Albany, NY (Sharon Theodore-Lewis, of counsel), for the State of N.Y.

U.S. Dept. of Justice, Tax Div., Washington, DC (Peter Sklarew, Trial Atty., of counsel), Gary L. Sharpe, U.S. Atty., Albany, NY (James C. Woods, Asst. U.S. Atty., of counsel), for U.S.

MEMORANDUM DECISION AND ORDER

CHOLAKIS, District Judge.

Plaintiff State of New York brings this action to recover from the United States $3,535,560.80 in gasoline excise taxes that it claims it is entitled to under 26 U.S.C. §§ 4221(a)(4) and 6421(c). From the complaint, it appears that the State is claiming reimbursement for an amount equal to the manufacturers excise tax attributable to gasoline that State employees purchased to fuel their...

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