United States v. Uhlmann Grain Co.

SPARKS, Circuit Judge.

The government appeals from a judgment ordering the refund to the taxpayer of certain sums paid under protest upon assessment for stamp taxes. It raises the question of whether or not certain transactions known in the parlance of the Board of Trade as “accommodation trades” or “position loans” are sales, agreements of sale, or agreements to sell, and as such, subject to the excise tax levied under section 800, et seq., Schedule A (4) of the Revenue Act of 1926, 44 Stat. 101, 26 U.S. C.A. § 901 (4), now 26 U.S.C.A. §§ 903, 921(b) (2), and § 900 note.1

There is no dispute…