Zebco Company v. The United States of America

Tenth Circuit

Zebco Company v. The United States of America

336 F.2d 801, 14 A.F.T.R.2d (RIA) 6324, 1964 U.S. App. LEXIS 4202

CourtCourt of Appeals for the Tenth Circuit

DecidedOctober 9, 1964

Docket7544

StatusPublished

This text of 336 F.2d 801 (Zebco Company v. The United States of America) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Zebco Company v. The United States of America, 336 F.2d 801, 14 A.F.T.R.2d (RIA) 6324, 1964 U.S. App. LEXIS 4202 (10th Cir. 1964).

Pincite

Opinion

PER CURIAM.

This is an action instituted by the taxpayer Zebco Company to recover for an alleged overpayment of Federal Manufacturers Excise Taxes levied under 26 U. S.C. (I.R.C.1954) § 4161. Taxpayer’s right to recover was dependent upon the correctness of its claim that a removable spool, upon which a fishing line was wound, was not an integral part of, nor an accessory to, a fishing reel manufactured and sold by taxpayer; and, that taxpayer had not collected the subject taxes from the purchasers of the reels. 26 U.S.C. (I.R.C.1954) § 6416. The trial court found against taxpayer on both issues and denied recovery.

We affirm the judgment for the reasons stated in the trial court’s opinion. 218 F.Supp. 441. Both issues are essentially questions of fact and the trial court’s findings are not clearly erroneous and support its judgment. The statement of the trial court that the fishing line is an accessory to the reel is erroneous but does not affect the validity of the judgment.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

This is an action instituted by the taxpayer Zebco Company to recover for an alleged overpayment of Federal Manufacturers Excise Taxes levied under 26 U. S.C. (I.R.C.1954) § 4161. Taxpayer’s right to recover was dependent upon the correctness of its claim that a removable spool, upon which a fishing line was wound, was not an integral part of, nor an accessory to, a fishing reel manufactured and sold by taxpayer; and, that taxpayer had not collected the subject taxes from the purchasers of the reels. 26 U.S.C. (I.R.C.1954) § 6416. The trial court found against taxpayer on both issues and denied recovery.

We affirm the judgment for the reasons stated in the trial court’s opinion. 218 F.Supp. 441. Both issues are essentially questions of fact and the trial court’s findings are not clearly erroneous and support its judgment. The statement of the trial court that the fishing line is an accessory to the reel is erroneous but does not affect the validity of the judgment.

Cite This Page — Counsel Stack

Bluebook (online)

336 F.2d 801, 14 A.F.T.R.2d (RIA) 6324, 1964 U.S. App. LEXIS 4202, Counsel Stack Legal Research, https://law.counselstack.com/opinion/zebco-company-v-the-united-states-of-america-ca10-1964.

Opinion

Related

Cite This Page — Counsel Stack