BRUNSWICK-BALKE-COLLENDER CO. v. HARRISON

No. 7305.

116 F.2d 786 (1940)

BRUNSWICK-BALKE-COLLENDER CO. v. HARRISON, Collector of Internal Revenue.

Circuit Court of Appeals, Seventh Circuit.

December 21, 1940.


Attorney(s) appearing for the Case

Wm. J. Campbell, U. S. Atty., of Chicago, Ill., for appellant.

John H. McEvers, of Kansas City, Mo., for appellee.

Before SPARKS, MAJOR, and KERNER, Circuit Judges.


KERNER, Circuit Judge.

The sole question on this appeal is whether the manufacturer's excise tax on sporting goods, imposed by Section 609 of the Revenue Act of 1932, is applicable to bowling alleys. 47 Stat. 264, 26 U.S.C.A. Int. Rev.Acts page 612.1 The tax was assessed against plaintiff (The Brunswick-Balke-Collender Company), the assessment was paid under protest, and the claim for refund was rejected. Thereafter the plaintiff brought...

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