Trusler v. Crooks, 269 U.S. 475 (1926)

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Trusler v. Crooks


No. 188


Argued November 17, 1925
Decided January 11, 1926
269 U.S. 475

ERROR TO THE DISTRICT COURT OF THE UNITED STATES
FOR THE WESTERN DISTRICT OF MISSOURI

Syllabus

Section 3 of the "Future Trading Act," purporting to impose a tax of 20 cents per bushel upon all privileges or options for contracts of purchase or sale of grain, known to the trade as "privileges," "bids," "offers," "puts and calls," "indemnities," or "ups and downs," is unconstitutional. Its purpose is not to raise revenue, but to inhibit, by a penalty, the transactions referred to, as part of the plan set up by the Act for regulating grain exchanges under guise of the federal taxing power, which was adjudged unconstitutional in Hill v. Wallace, 259 U.S. 44. P. 479.

300 F. 996 reversed.

Error to a judgment of the District Court for the defendant in an action brought to recover money paid under protest as a stamp tax.