Liggett & Myers Tobacco Co. v. United States - 299 U.S. 383 (1937)


U.S. Supreme Court

Liggett & Myers Tobacco Co. v. United States, 299 U.S. 383 (1937)

Liggett & Myers Tobacco Co. v. United States

No. 161

Argued December 11, 14, 1936

Decided January 4, 1937*

299 U.S. 383

Syllabus

1. The tax imposed by § 401(a) of the Revenue Act of 1926 is a tax upon the manufacture, not upon the sale, of tobacco. P. 299 U. S. 386.

2. As applied to tobacco purchased by a State for use in a hospital owned and maintained by the State, the effect is indirect, and imposes no prohibited burden. P. 299 U. S. 386.

3. It is unnecessary in this case to decide whether, in the operation of the hospital, the State is exerting a governmental function. P. 299 U. S. 386.

13 F.Supp. 143, 14 F.Supp. 543, affirmed.

Certiorari to review a judgment of the Court of Claims dismissing, in three cases, suits to recover refunds of taxes.



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