MASONITE CORPORATION v. FLY

No. 13086.

182 F.2d 934 (1950)

MASONITE CORPORATION v. FLY, Collector of Internal Revenue.

United States Court of Appeals Fifth Circuit.

June 14, 1950.


Attorney(s) appearing for the Case

C. Denton Gibbes, Jr., Ellis B. Cooper, Laurel, Miss., for appellant.

Howard P. Locke, Ellis N. Slack, R. N. Anderson, Maryhelen Wigle, Sp. Assts. to Atty. General, Theron Lamar Caudle, Asst. Atty. Gen., Joseph E. Brown, U. S. Atty. Jackson, Miss., for appellee.

Before HUTCHESON, Chief Judge, and McCORD and RUSSELL, Circuit Judges.


PER CURIAM.

The existence of tax liability under the provisions of Section 3475 of the Internal Revenue Code, 26 U.S.C.A. § 3475, levying a tax on the transportation of property, depends upon whether the transaction in question in any case is "transportation" within the terms of the statute. This is generally a question of fact to be determined in the light of the applicable statute and regulations, and only in the clearest case should be determined upon the...

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