U.S. Court of Appeals for the Tenth Circuit, 1964

Zebco Company v. The United States of America

Zebco Company v. The United States of America
U.S. Court of Appeals for the Tenth Circuit · Decided October 9, 1964 · Pickett, Lewis, Hill
336 F.2d 801; 14 A.F.T.R.2d (RIA) 6324; 1964 U.S. App. LEXIS 4202 (Federal Reporter, Second Series)

Zebco Company v. The United States of America

Opinion

PER CURIAM.

This is an action instituted by the taxpayer Zebco Company to recover for an alleged overpayment of Federal Manufacturers Excise Taxes levied under 26 U. S.C. (I.R.C. 1954) § 4161. Taxpayer’s right to recover was dependent upon the correctness of its claim that a removable spool, upon which a fishing line was wound, was not an integral part of, nor an accessory to, a fishing reel manufactured and sold by taxpayer; and, that taxpayer had not collected the subject taxes from the purchasers of the reels. 26 U.S.C. (I.R.C. 1954) § 6416. The trial court found against taxpayer on both issues and denied recovery.

We affirm the judgment for the reasons stated in the trial court’s opinion. 218 F.Supp. 441. Both issues are essentially questions of fact and the trial court’s findings are not clearly erroneous and support its judgment. The statement of the trial court that the fishing line is an accessory to the reel is erroneous but does not affect the validity of the judgment.

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