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BOCA AIRPORT, INC. v. U.S.

No. 90-2353-CIV.

838 F.Supp. 576 (1993)

BOCA AIRPORT, INC., d/b/a Boca Aviation, Plaintiff/Counterdefendant, v. UNITED STATES of America, Defendant/Counterplaintiff.

United States District Court, S.D. Florida.

May 24, 1993.

Attorney(s) appearing for the Case

Jan Neiman, Lamont Neiman Feuerman, Miami, FL, for plaintiff/counterdefendant.

A.B. Phillips, Trial Atty., Tax Div., U.S. Dept. of Justice, Washington, DC, for defendant/counterplaintiff.

MEMORANDUM OPINION AND ORDER

EDWARD B. DAVIS, District Judge.

The Plaintiff, Boca Airport, Inc. ("Boca"), a seller of aviation fuel, is challenging excise taxes assessed pursuant to 26 U.S.C. § 4041(c)(1), (c)(2), and (d)(3). The United States has counterclaimed that Boca owes an additional $168,457.59, excluding interest and statutory charges, for excise taxes due between January 1, 1985 and June 30, 1987.

On December 14, 1992, the Court...

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