Legal Opinion

Brown v. Campbell

District Court, N.D. Texas

Decided May 16, 1958No. Civ. 6486PublishedCited by 2 opinions

1Opinion of the Court

DAVIDSON, Chief Judge.

This case involves the refund of manufacturer’s excise taxes (Sec. 3403 et seq., I.R.C.1939, 26 U.S.C.A. § 3403 et seq.) paid by plaintiff for the periods August 1952 through December 1954. When the case was tried here before on a Stipulation of Facts, two questions were involved: (1) whether the custom made automobile seat covers, fabricated, installed and sold by plaintiff were articles subject to the manufacturer’s excise taxes; and (2) the proper method of computing the tax.

In line with some former practices and interpretations this Court held that the articles were…

2Cases cited5 opinions

  1. Manhattan General Equipment Co. v. Commissioner of Internal RevenueSupreme Court of the United States · 1936
  2. Koshland v. HelveringSupreme Court of the United States · 1936
  3. Morris Miller v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1956
  4. Ellis Campbell, Jr., District Director of Internal Revenue at Dallas, Texas v. Lee R. Brown, D/B/A Brown's Top and Seat Cover Co.Court of Appeals for the Fifth Circuit · 1957
  5. H. R. Laboratories, Inc. v. United StatesCourt of Appeals for the Second Circuit · 1945

3Cited by2 opinions

  1. G. L. Smith, D/B/A Snuffy Smith Motor Company v. United StatesCourt of Appeals for the Fifth Circuit · 1963
  2. Continental Truck Industries, Inc. v. United StatesDistrict Court, E.D. New York · 1972

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