McMARTIN INDUSTRIES, INC. v. VINAL

No. 20086.

441 F.2d 1274 (1971)

McMARTIN INDUSTRIES, INC., Plaintiff-Appellee, v. Richard P. VINAL, District Director of Internal Revenue, Defendant-Appellant, and United States of America, Intervenor-Appellant.

United States Court of Appeals, Eighth Circuit.

April 26, 1971.


Attorney(s) appearing for the Case

John R. Barton, Crossman, Barton & Norris, Omaha, Neb., Laurens Williams, Kenneth H. Liles, Sutherland, Asbill & Brennan, Washington, D. C., for appellee.

Johnnie M. Walters, Asst. Atty. Gen., Lee A. Jackson, Elmer J. Kelsey, Stephen H. Hutzelman, Attys., Dept. of Justice, Washington, D. C., for appellants, Richard A. Dier, U. S. Atty., William K. Schaphorst, Asst. U. S. Atty., of counsel.

Before MATTHES, Chief Judge, HEANEY, Circuit Judge, and VAN PELT, Senior District Judge.


HEANEY, Circuit Judge.

The sole question on this appeal is whether Subsidiary Communications Authorization multiplex radio receivers, manufactured by McMartin, were subject to the ten percent manufacturers' excise tax imposed on radio receiving sets by 26 U.S.C. § 4141 (1964 ed.).1 The trial court held that the S.C.A. receivers were exempt from the tax as communication equipment of the type...

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