Henningsen Produce Co. v. Commissioner

ROBB, Associate Justice.

Appeal from a decision of the Board of Tax Appeals. The stipulated facts are substantially as follows: On November 23, 1918,'appellant, a Nebraska corporation, sold to a commission company of Omaha, Neb., a quantity of frozen; mixed eggs, guaranteeing them to be “good merchantable stock.” The sale price of the eggs, $5,460.45, was included in appellant’s gross sales for 1918, and also as gross ineome in its ineome tax return for that year. The commission company shipped the eggs to Chicago, where, in 1919, they were seized and finally held not to comply with the…