UNITED STATES v. STOWE-WOODWARD, INC.

No. 5984.

306 F.2d 678 (1962)

UNITED STATES of America, Defendant, Appellant, v. STOWE-WOODWARD, INC., Plaintiff, Appellee.

United States Court of Appeals First Circuit.

Rehearing Denied July 25, 1962.


Attorney(s) appearing for the Case

John B. Jones, Jr., Atty., Dept. of Justice, Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson, Harry Marselli and Edward L. Rogers, Attys., Dept. of Justice, W. Arthur Garity, Jr., U. S. Atty., and William C. Madden, Asst. U. S. Atty., on the brief, for appellant.

M. Gordon Ehrlich, Boston, Mass., Bingham, Dana & Gould, Boston, Mass., on the brief, for appellee.

Before WOODBURY, Chief Judge, and HARTIGAN and ALDRICH, Circuit Judges.


ALDRICH, Circuit Judge.

This action to recover a portion of certain payments collected as a manufacturers' excise tax, I.R.C.1954, Ch. 32, on bowling balls, 26 U.S.C.A. § 4161, was tried in the district court upon stipulated facts. The sole question is whether the amount sought was based upon a price which improperly included a "transportation, delivery * * * or other charge." The court held for the taxpayer and the government appeals.

Taxpayer is incorporated...

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