Legal Opinion

Swift & Co. v. United States

United States Court of Claims

Decided May 5, 1941No. 45324PublishedCited by 2 opinions

1Opinion of the CourtWhitaker, Judge

This is a suit by an exporter who was also the processor-to recover processing taxes on goods subsequently exported.. It comes before us on defendant’s motion to dismiss on the ground that this court is without jurisdiction.

In Wilson & Company v. United States, 90 C. Cls. 131 (311 U. S. 104), we held that an exporter was entitled to a draw*706back of the processing taxes paid, although it was also the processor; but that, under the facts of that case, its sole remedy was before the Commissioner of Internal Revenue, and that this court did not have jurisdiction to review the Commissioner’s…

2Cases cited16 opinions

  1. Dismuke v. United StatesSupreme Court of the United States · 1936
  2. Williamsport Wire Rope Co. v. United StatesSupreme Court of the United States · 1928
  3. Bates & Guild Co. v. PayneSupreme Court of the United States · 1904
  4. Silberschein v. United StatesSupreme Court of the United States · 1924
  5. United States v. HvoslefSupreme Court of the United States · 1915

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3Cited by2 opinions

  1. Radio-Television Training Ass'n v. United StatesUnited States Court of Claims · 1958
  2. Crain v. United StatesUnited States Court of Claims · 1949

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