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STRICK CORP. v. UNITED STATES

Nos. 82-1272, 82-1273.

714 F.2d 1194 (1983)

STRICK CORPORATION, Appellant/Cross-Appellee, v. UNITED STATES of America, Appellee/Cross-Appellant.

United States Court of Appeals, Third Circuit.

Decided August 2, 1983.

Rehearing and Rehearing Denied November 7, 1983.

Attorney(s) appearing for the Case

Mervin M. Wilf (argued), Philadelphia, Pa., for appellant/cross-appellee.

Glenn L. Archer, Jr., Asst. Atty. Gen., Michael L. Paup, Robert T. Duffy, Laurie A. Snyder (argued), Tax Div., Dept. of Justice, Washington, D.C., for appellee/cross-appellant.

Before SEITZ, Chief Judge, SLOVITER, Circuit Judge, and SAROKIN, District Judge.

Rehearing and Rehearing En Banc Denied November 7, 1983.

OPINION OF THE COURT

SAROKIN, District Judge.

The cross appeals before the court in this matter involve when the federal manufacturer's excise tax should be imposed and the proper method for computing the tax. Appellant and cross-appellee Strick Corporation ("Strick") appeals from a judgment of the district court which denied its claim for a refund of an alleged overpayment of the excise tax...

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