DANCE TOWN, U. S. A., INC., PLAINTIFF-APPELLANT,
v.
UNITED STATES OF AMERICA, DEFENDANT-APPELLEE
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Dance Town was liable for the cabaret tax because the sale of food and refreshments was not merely incidental to the operation of the ballroom.
Dance Town derived significant income from refreshment sales and devoted a substantial portion of its floor area to bars and seating. The trial judge …
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PER CURIAM:
Dance Town appeals from a verdict of a jury in favor of the Commissioner of Internal Revenue. The question is whether Dance Town was liable for the cabaret tax imposed by § 4231 of the 1954 Code. The issue in this case is whether the selling of food and refreshments was merely incidental to the operation of the ballroom, thus exempting Dance Town from the cabaret tax.
The evidence in the record shows that:
(1) the company gained 54.9 percent of its gross income from admissions charges and 45.1 percent from the sale of refreshments; (2) 75.7 percent of the floor area was devoted to the two bars and to seating the patrons and 24.3 percent of the area to dancing; (3) an average of 19 waitresses served refreshments at tables during each fiscal quarter involved. The trial judge found that 67 percent of the company’s gross profits was attributable to the sale of refreshments.
The decision of the district court, 319 F.Supp. 634, is affirmed on the basis of this Court’s decisions in Stevens v. United States, 5 Cir. 1962, 302 F. 2d 158 and Ross v. Hayes, 5 Cir. 1964, 337 F. 2d 690.
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Citator
Cited By
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Ruperto Roberto t/a Caborrojeno Caterers v. United States, 518 F.2d 1109 (2d Cir. 1975)
Authorities Cited
- Isbell Enters., Inc. v. Citizens Cas. Co. OF NEW York, 431 F.2d 409 (5th Cir. 1970)
- M. S. Stevens and wife v. United States, 302 F.2d 158 (5th Cir. 1962)
- Ross v. Hayes, 337 F.2d 690 (5th Cir. 1964)