MASAO HIRASUNA v. McKENNEY

No. 14995.

245 F.2d 98 (1957)

MASAO HIRASUNA, doing business as Mike's Auto Top Shop & Upholstery Shop, Appellant, v. S. V. McKENNEY, District Director of Internal Revenue, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied May 17, 1957.


Attorney(s) appearing for the Case

Shiro Kashiwa and Genro Kashiwa, Honolulu, Hawaii, for appellant.

Charles K. Rice, Asst. Atty. Gen., Lee A. Jackson, I. Henry Kutz, Walter R. Gelles, Washington, D. C., Louis B. Blissard, U. S. Atty., Charles B. Dwight, III, Honolulu, Hawaii, for appellee.

Before ORR, FEE, and HAMLEY, Circuit Judges.


HAMLEY, Circuit Judge.

The question presented on this appeal is whether the federal manufacturers' excise tax applies to automobile seat covers which were custom-made and installed on the order of used car dealers. The trial court held that the tax applies, and dismissed this suit for a tax refund. Plaintiff appeals.

The essential facts are not in dispute. During the years here in question, appellant taxpayer, Masao Hirasuna, operated a business under the...

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