67 Ct. Cl. 89 | Ct. Cl. | 1929
delivered the opinion of the court:
The revenue act of 1918, 40 Stat. 1122, sec. 900 (9), taxed “ candy ” at 5 per cent of the price at which sold, and the act of 1921, 42 Stat. 291, sec. 900 (6), taxed “ candy ” at 3
There is no dispute about the amount of the tax paid.
The statutes authorized the commissioner to make proper regulations for carrying them into effect. This was necessary because it was impracticable for Congress to provide general regulations for the various details of statutes of this kind, and while it may be difficult at times to define the line which separates the legislative power to make laws and administrative authority to make regulations, that question is not involved here.
The plaintiff’s product is admitted to be within the regulations (see Findings X and XI) of the commissioner defining “ candy,” and there is therefore no question about the meaning of the regulations. The only question is whether the regulations are in violation of the express provisions of the statutes, and, if not, whether they are reasonably adapted to the enforcement of the acts and in conformity with their purpose and spirit. See Maryland Casualty Co. v. United States, 251 U. S. 342, 349. If they are in reasonable conformity with the acts and not in violation of their express provisions, they will have the force of law. The plaintiff’s product being within the terms of the regulations and taxable, the burden of showing that the regulations are not in conformity with the statutes is, upon the plaintiff; in other words, the burden is not upon the defendant to show that the plaintiff’s product is candy as it is defined in the regulations, but upon the plaintiff to show that it is not, or, more broadly stated, that the burden is on the plaintiff “ to prove the facts establishing the invalidity of the tax.” United States v. Anderson, 269 U. S. 422, 443. Doubt as to the meaning of a word can be removed by considering the general purpose and intent of a statute. See American Security & Trust Co. v. District of Columbia, 224 U. S. 491.
It is also true that the findings of administrative officers and their practice are presumed to be based upon conclusions which are the result of investigation. Congress having used the word “ candy ” without definition, it becomes necessary as an administrative act for the Commissioner of Internal Revenue to define it by regulations for the informa
A description of the product and the process of its manufacture we think shows that its consumption is indulgence in a luxury. The plaintiff’s product, known as Cracker Jack, consisted of pop corn mixed with a syrup, which after cooking crystallized. The syrup consisted of dissolved sugar, corn syrup, and molasses. It was cooked for a short time, and to it, while cooling*, was added a small quantity
We are of the opinion that the purchase and consumption of this product were indulgence in a luxury as distinguished from a necessary article of food, and that the regulations (Findings X and XI) defining it as candy were reasonable in their provisions and in conformity with the spirit and intent of the acts, and further that it has not been satisfactorily shown that the product is not “ candy ” within the intent of the statutes, the burden of so- doing being upon the plaintiff.
The plaintiff’s petition should be dismissed, and it is so ordered.