UNITED STATES of America, Appellant,
v.
H. H. KEETON, Sr., Trading and Doing Business as Virginia Auto Top Company, Appellee.
United States Court of Appeals Fourth Circuit.https://leagle.com/images/logo.png
Argued October 15, 1956.
Decided November 8, 1956.
Attorney(s) appearing for the Case
Walter R. Gelles, Attorney, Department of Justice, Washington, D. C. (Charles K. Rice, Asst. Atty. Gen., Lee A. Jackson and I. Henry Kutz, Attorneys, Department of Justice, Washington, D. C., L. S. Parsons, Jr., U. S. Atty., Norfolk, Va., and R. R. Ryder, Asst. U. S. Atty., Richmond, Va., on brief), for appellant.
H. Brice Graves and Ralph H. Ferrell, Jr., Richmond, Va. (Hunton, Williams, Gay, Moore & Powell, Richmond, Va., on brief), for appellee.
Before PARKER, Chief Judge, and SOPER and FAHY, Circuit Judges.
United States Court of Appeals Fourth Circuit.
FAHY, Circuit Judge.
Appellee taxpayer1 sued the United States in the District Court for the Eastern District of Virginia to recover the amount of certain excise taxes he had paid on an assessment under section 3403(c) of the Internal Revenue Code of 1939, 53 Stat. 410, as amended, 26 U.S.C. § 3403 (1952).2 The court gave judgment for the taxpayer and the United States appeals.
The taxes were levied...
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