HANDLEY MOTOR COMPANY v. UNITED STATES

No. 101-62.

338 F.2d 361 (1964)

HANDLEY MOTOR COMPANY, Inc. v. The UNITED STATES.

United States Court of Claims.

November 13, 1964.


Attorney(s) appearing for the Case

Marc E. Bettius, Washington, D. C., for plaintiff. George D. Webster, and Davies, Richberg, Tydings, Landa & Duff, Washington, D. C., were on the brief.

Gilbert W. Rubloff, Washington, D. C., with whom was Asst. Atty. Gen., Louis F. Oberdorfer, for defendant. C. Moxley Featherston, Lyle M. Turner, and Philip R. Miller, Washington, D. C., were on the brief.

Before COWEN, Chief Judge, and LARAMORE, DURFEE, DAVIS, and COLLINS, Judges.


COWEN, Chief Judge.

Plaintiff seeks a refund of excise taxes, interest and additions to tax for non-filing, arising out of the purchase of 50 Volkswagen automobiles in Europe. Two principal issues are presented for our determination: (1) Is plaintiff the "importer" of the automobiles and therefore liable for the excise tax upon their sale as provided in 26 U.S.C. (I.R.C.1954) § 4061 (1958 Ed.)?1

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