SERVICE ARMAMENT CO. v. UNITED STATES

No. 348-76.

567 F.2d 377 (1977)

SERVICE ARMAMENT CO., for itself and as successor in interest to Navy Arms Co., Inc. v. The UNITED STATES.

United States Court of Claims.

December 14, 1977.


Attorney(s) appearing for the Case

Jerald D. Baranoff, Newark, N. J., for plaintiff; Clive S. Cummis, Newark, N. J., attorney of record; Sills, Beck, Cummis, Radin & Tischman, Newark, N. J., of counsel.

George L. Squires, Washington, D.C., with whom was Asst. Atty. Gen. M. Carr Ferguson, Washington, D.C., for defendant; Theodore D. Peyser, Jr., Washington, D.C., of counsel.

Before COWEN, Senior Judge, DAVIS and NICHOLS, Judges.


COWEN, Senior Judge.

Plaintiff, a manufacturer and importer whose business involves the sale of muzzle-loading replicas of antique firearms, brought this action to recover excise taxes assessed against and paid by it for the second quarter of 1969 through the third quarter of 1972, in the amount of $226,113.84, plus interest. The sole issue is whether plaintiff's products are subject to the excise tax imposed by 26 U.S.C. § 4181.

The defendant filed a...

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