Dependable Packing & Provision Co. v. Commissioner

OPINION.

OppeR, Judge:

There was a period during which the processing tax on hogs was in effect but was not paid with respect to the slaughtering of hogs sold by petitioners. It can accordingly be presumed that in an economic sense there may have been an unjust enrichment. But we are confronted with the application of a specific statute, and the unjust enrichment tax must be grounded on it. Margaret W. Galbreath Hendrickson, 4 T. C. 231. The tax determined by respondent under the statute (Revenue Act of 1936, sec. 501 (a)) must be on petitioners’ net income from “(1) * * * the sale of articles…