Union Packing Co. v. Rogan

YANKWICH, District Judge.

The Revenue Act of 1936, in title 3 (sections 501-506 [26 U.S.C.A. §§ 345-345e]), headed “Tax on Unjust Enrichment,” provides for the collection of taxes on net income from certain specified sources. The taxes to be levied are:

“(1) A tax equal to 80 per centum of that portion of the net income from the sale of articles with respect to which a Federal excise tax was imposed on such person but not paid which is attributable to shifting to others to any extent the burden of such Federal excise tax and which does not exceed such person’s net income for the entire taxable…