Raymark Industries, Inc. v. United States

OPINION

REGINALD W. GIBSON, Judge:

INTRODUCTION

Plaintiff, Raymark Industries, Inc. (hereinafter plaintiff or Raymark), a Connecticut corporation engaged in the manufacture of truck parts, filed this federal excise tax refund suit against the United States (defendant herein) on April 8, 1986. Therein plaintiff seeks a refund of approximately $475,982.06 representing manufacturer’s federal excise taxes (i.e., floor stock refund *335claim) that plaintiff alleges were erroneously and illegally retained by the defendant. Jurisdiction is premised in this court under 26 U.S.C. § 74221 and 28 U.S.C. §…