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AIR LIFT COMPANY v. UNITED STATES

Civ. A. No. 5125.

286 F.Supp. 249 (1968)

The AIR LIFT COMPANY, Inc., Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court W. D. Michigan, S. D.

June 28, 1968.

Attorney(s) appearing for the Case

Howrey, Simon, Baker & Murchison, Washington, D. C., John Bodner, Jr., Washington, D. C., of counsel, Miller, Johnson, Snell & Cummiskey, Grand Rapids, Mich., Stephen C. Bransdorfer, Grand Rapids, Mich., of counsel, for plaintiff.

Harold D. Beaton, U. S. Atty., Grand Rapids, Mich., Donald R. Anderson, Department of Justice, Washington, D. C., for defendant.

OPINION

FOX, District Judge.

This case arises under § 4061(b) of the Internal Revenue Code of 1954 which imposes an excise tax of 8% on certain automobile parts and accessories sold by the manufacturer, producer and importer. Plaintiff by its complaint seeks a refund of the tax paid by it under that section for the period October 1, 1964 through December 31, 1964. The grounds of this request for a refund are that the tax was collected illegally since...

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