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PEREZ v. UNITED STATES

No. 23852.

430 F.2d 669 (1970)

Salvador PEREZ, doing business as Tuk-A-Way Trailer Company, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied September 24, 1970.

Attorney(s) appearing for the Case

Wm. Goldman (argued), Lee A. Jackson, Wm. A. Freidlander, Attys., Johnnie M. Walters, Asst. Atty. Gen., Tax Div., Dept. of Justice, Washington, D. C., Robert L. Meyer, U. S. Atty., Jerry J. Stern, Asst. U. S. Atty., Los Angeles, Cal., for defendant-appellant.

W. Rainbolt (argued), Rainbolt & Hay, Long Beach, Cal., for plaintiff-appellee.

Before CHAMBERS and DUNIWAY, Circuit Judges, and THOMPSON, District Judge.

PER CURIAM:

Taxpayer, Salvador Perez, doing business as Tuk-A-Way Trailer Co., manufactures and sells "pickup coaches." In January, 1967, Perez filed suit in the United States District Court, Central District of California, for the refund of federal excise taxes assessed and collected between April, 1960 and June, 1963. The District Court found in taxpayer's favor and awarded him a judgment of $19,299.60. The government appeals challenging the sufficiency of the evidence...

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