Legal Opinion

Sharp & Dohme, Inc. v. United States

Court of Appeals for the Third Circuit

Decided July 25, 1944No. 8226PublishedCited by 9 opinions

1Opinion of the Court

MARIS, Circuit Judge.

The plaintiff brought suit against the United States to recover excise taxes alleged to have been erroneously paid by it to a former Collector of Internal Revenue, now deceased. Section 213(a) of the National Industrial Recovery Act, 48 Stat. 195, 206, imposed an excise tax of 5% upon dividends received by any person other than a domestic corporation and provided that the payor corporation withhold and pay the tax to the Collector. Pursuant to these provisions the plaintiff withheld 5% of cash distributions it paid to the holders of its preferred stock in August and…

2Cases cited11 opinions

  1. United States v. Jefferson Electric Manufacturing Co.Supreme Court of the United States · 1934
  2. Union Pacific Railway Co. v. WylerSupreme Court of the United States · 1895
  3. United States v. Garbutt Oil Co.Supreme Court of the United States · 1938
  4. Huntington v. Savings BankSupreme Court of the United States · 1878
  5. House v. MullenSupreme Court of the United States · 1875

6 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. International Business MacHines Corporation v. The United StatesUnited States Court of Claims · 1965
  2. Turks Head Club v. BroderickCourt of Appeals for the First Circuit · 1948
  3. duPont Glore Forgan Inc. v. American Telephone & Telegraph Co.District Court, S.D. New York · 1977
  4. La Brioche, Inc. v. Ishkhanian (In Re Ishkhanian)United States Bankruptcy Court, E.D. Pennsylvania · 1997
  5. Royce v. SquireCourt of Appeals for the Ninth Circuit · 1948

4 more not listed; retrieve them via the Exa API.

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