Corex Corporation, Dba Quick Corporation of America v. United States

OPINION

Before CARTER, HUFSTEDLER and GOODWIN, Circuit Judges. JAMES M. CARTER, Circuit Judge.

This appeal involves a refund suit brought by the Corex Corporation (“Corex”) for money paid pursuant to an excise tax assessment under Section 4161 of the Internal Revenue Code of 1954, 26 U.S.C. § 4161. The United States brought a counterclaim for other unpaid excise taxes. Section 4161 imposes upon the sale of fishing gear by the manufacturer, producer, or importer a tax equivalent to ten percent of the price for which it is sold by the taxpayer.

Following a nonjury trial, findings of fact and…