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United States - Contracts - Effect, When Tax Is Declared Unconstitutional, Of Provisions For Increase Or Decrease Of Purchase Price For Taxes "Imposed" Or "Changed", Wilbur Jacobs

Michigan Law Review

Between May 1935 and January 1936 the federal government purchased flour from respondent through contracts which contained a so-called "up and down" tax clause. The basic price charged included the A.A.A. processing taxes. During this same period respondent obtained an injunction against the collection of said processing taxes and, as a result of the decision of the Supreme Court in United States v. Butler, was relieved of liability for the tax. In a later suit brought by respondent in the Court of Claims to recover on other contracts, the government claimed a setoff for the amount of these taxes. …