Ayer Co. v. United States

WHITAKER, Judge.

The facts are fully set out in the findings of fact. The question presented is the proper basis for the tax on plaintiff’s sales of cosmetics imposed by section 603 of the Revenue Act of 1932, 47 Stat. 261, 26 U.S. C.A. Int.Rev.Acts, page 608. This section reads in part:

“There is hereby imposed upon the following articles, sold by the manufacturer, producer, or importer, a tax equivalent to 10 per centum of the price for which so sold: Perfumes, essences, extracts, toilet waters, cosmetics, * * *."

Section 619 sets out the formula for determining the sales price. It reads:

“§…