MACEY'S JEWELRY CORPORATION v. UNITED STATES

No. 22845.

387 F.2d 70 (1967)

MACEY'S JEWELRY CORPORATION, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

December 6, 1967.


Attorney(s) appearing for the Case

Robert M. Ervin, Wilfred C. Varn, Tallahassee, Fla., Jerome Goldman, Cincinnati, Ohio, for appellant.

John B. Jones, Jr., Acting Asst. Atty. Gen., Lee A. Jackson, Meyer Rothwacks, Stephen Paley, Attys., Dept. of Justice, Washington, D. C., Clinton Ashmore, U. S. Atty., Tallahassee, Fla., for appellee.

Before WISDOM, BELL and GOD-BOLD, Circuit Judges.


WISDOM, Circuit Judge:

This is an action for refund of federal excise taxes amounting to $859.79 paid by the plaintiff-appellant, Macey's Jewelry Corporation, during 1961 and part of 1960. When the taxpayer sells an article of jewelry on credit, its practice is to add a ten per cent "budget charge" to the balance remaining after deducting the customer's down payment. The question for decision is whether this budget charge is a true finance charge and as such not a...

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