Amtorg Trading Corporation v. Higgins

FRANK, Circuit Judge.

1. The primary problem raised by these appeals is whether the “sale” of the matches, as that term is defined in the statute, took place in the United States or in Europe. Only if the “sale” took place in the United States is the taxpayer liable for the excise tax. Cf. Indian Motorcycle Co. v. United States, 283 U.S. 570, 51 S.Ct. 601, 75 L.Ed. 1277. The relevant regulations read: “Sale means an agreement whereby the seller transfers the property (that is, the title or substantial incidents of ownership) in goods to the buyer for a consideration called the price, which may…