Legal Opinion

Manufacturers Trust Co. v. United States

United States Court of Claims

Decided April 1, 1940No. 43829Published

1Opinion of the CourtGeeen, Judge

This suit is begun to recover a refund of an alleged overpayment of the tax imposed by section 8 of the Silver Purchase Act of 1934, 48 Stat. 1179. There is no dispute as to the facts in the case which so far as material to the decision to be rendered, are as follows:

In 1934, plaintiff purchased approximately 2,000,000 ounces of silver bullion in eight purchases. Between December 3, 1935, and January 6, 1936, plaintiff sold this silver in thirteen lots by separate sales. The first nine sales in December 1935, were made at a profit, while the last four sales in January 1936 were at prices…

2Cases cited3 opinions

  1. Brushaber v. Union Pacific RailroadSupreme Court of the United States · 1916
  2. United States v. HudsonSupreme Court of the United States · 1937
  3. Cohn v. United StatesUnited States Court of Claims · 1938

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