Cotan Corp. v. United States

Third Circuit

Cotan Corp. v. United States

151 F.2d 188, 34 A.F.T.R. (P-H) 142, 1945 U.S. App. LEXIS 4171

Court of Appeals for the Third Circuit·Decided October 8, 1945·No. No. 8660·Published

Opinion

PER CURIAM.

The appellant in the District Court under Title VII of the Revenue Act of 1936, 7 U.S.C.A. §§ 623 note, 644 et seq., sought refund of floor stock taxes which it paid to the Government in 1933 and 1934, In Cotan Corporation v. Commissioner, 147 F.2d 509, we passed upon the correlative question of the taxpayer’s windfall tax liability under Title III of the same Act, on processing tax reimbursements made to it by its vendors. In this matter the District Court was of the opinion that the appellant had failed to sustain the burden cast upon it of showing that it had absorbed the tax in question. A careful examination of the record shows ample support for that conclusion.

Affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

The appellant in the District Court under Title VII of the Revenue Act of 1936, 7 U.S.C.A. §§ 623 note, 644 et seq., sought refund of floor stock taxes which it paid to the Government in 1933 and 1934, In Cotan Corporation v. Commissioner, 147 F.2d 509, we passed upon the correlative question of the taxpayer’s windfall tax liability under Title III of the same Act, on processing tax reimbursements made to it by its vendors. In this matter the District Court was of the opinion that the appellant had failed to sustain the burden cast upon it of showing that it had absorbed the tax in question. A careful examination of the record shows ample support for that conclusion.

Affirmed.

Cotan Corp. v. United States, 151 F.2d 188, 34 A.F.T.R. (P-H) 142, 1945 U.S. App. LEXIS 4171 (3d Cir. 1945).

Pincite

151 F.2d 188 (Cotan Corp. v. United States) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related