REESE BROS., INC. v. U.S.

No. 05-2135.

447 F.3d 229 (2006)

REESE BROTHERS, INC. v. UNITED STATES of America, Appellant.

United States Court of Appeals, Third Circuit.

Decided May 9, 2006.


Attorney(s) appearing for the Case

Stanley M. Stein, Feldstein, Grinberg, Stein & McKee, Pittsburgh, Pennsylvania, Stephen J. Rosen, Henry D. Levine (Argued), Levine, Blaszak, Block & Boothby, Washington, DC, for Appellee.

Robert W. Metzler, Teresa E. McLaughlin (Argued), United States Department of Justice, Tax Division, Washington, DC, for Appellant.

Before: RENDELL and SMITH, Circuit Judges, and IRENAS, District Judge.


OPINION OF THE COURT

SMITH, Circuit Judge.

The question presented in this appeal is whether the federal communications excise tax set forth in 26 U.S.C. § 4251(a)(1) applies to long-distance telephone services that are priced based on a fixed per-minute, non-distance-sensitive rate. Based upon the plain language and structure of the statute, we conclude that it does not. The District Court granted summary judgment in favor of the taxpayer. We affirm...

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