WILSON MILLING CO. v. COMMISSIONER

Docket No. 107356.

1 T.C. 389 (1943)

WILSON MILLING COMPANY, A DISSOLVED CORPORATION, BY A. J. LANDRUM, R. E. LEE WILSON, JR., J. H. CRAIN, S. A. REGENOLD, AND W. F. WILSON, TRUSTEES IN LIQUIDATION, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

United States Tax Court.

Promulgated January 5, 1943.


Attorney(s) appearing for the Case

George E. H. Goodner, Esq., and Paul E. Schaub, C. P. A., for the petitioner.

George H. Mitchell, Esq., for the respondent.


The Commissioner determined a deficiency of $3,035.94 in unjust enrichment tax for the calendar year 1937. Petitioner contends that reimbursements received from its vendors are subject to unjust enrichment tax only if they constitute taxable income under Title I of the Revenue Act of 1936. Alternatively, it is alleged that the unjust enrichment tax is unconstitutional if it is construed to impose a tax upon a taxpayer having a net loss under Title I for the same taxable year...

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