General Motors Corporation, Frigidaire Division v. United States

MADDEN, Judge.

Plaintiff sues for refund of excise taxes exacted on the price for which it sold refrigerators to its distributors. It says it is entitled to deduct, as an allowance, the amount it refunded to the distributors, for transmittal to the retailers, on account of the cost of advertising the product in the localities of the various retailers. It relies on the provisions of section 3443 of the Internal Revenue Code of 1939, which reads:

Ҥ 3443. Credits and refunds

“(a) A credit against tax under this chapter, or a refund, may be allowed or made—

“(2) to any person who has paid tax under…