Pittway Corporation, and Subsidiaries v. United States

MANION, Circuit Judge.

Pittway Corporation inserted butane into containers as an aerosol propellant. Section 4661(a) of the Internal Revenue Code taxes the manufacturer of ’ certain chemicals,, among them butane. The IRS taxed Pittway for using the butane in the manufacturing of the various aerosol products. Pittway claims that its customers are the manufacturers who should pay the tax and seeks a refund of $236,056 in taxes it paid to the government under Section 4661(a). The district court granted summary judgment in favor of the government. We affirm.

I. Background

Pittway was a “contract…