Wilson Milling Co. v. Commissioner
United States Tax Court
1. The unjust enrichment tax upon "net income from reimbursements," under section 501 (a) (2) and (d) of the 1936 Revenue Act, is imposed upon the total reimbursements, less expenses and fees reasonably incurred to obtain them, regardless of whether or not the reimbursements are includible in net income under Title I of the act. 2. The imposition of an unjust enrichment tax upon reimbursements received during a year when the taxpayer sustained a net loss under Title I of the…
Read the full summary
1. The unjust enrichment tax upon "net income from reimbursements," under section 501 (a) (2) and (d) of the 1936 Revenue Act, is imposed upon the total reimbursements, less expenses and fees reasonably incurred to obtain them, regardless of whether or not the reimbursements are includible in net income under Title I of the act. 2. The imposition of an unjust enrichment tax upon reimbursements received during a year when the taxpayer sustained a net loss under Title I of the act held constitutional.
1Opinion of the Court
OPINION.
Aeundell, Judge:
Petitioner attacks the proposed deficiency upon three grounds. It argues, first, that Title III of the Revenue Act of 1936, the pertinent provisions of which are set forth in the margin,1 imposes an unjust enrichment tax upon net income from reimbursements only if such reimbursements constitute net income to the taxpayer under Title I of the revenue act. Based' upon this premise, petitioner seeks to escape liability for unjust enrichment tax upon the ground that the reimbursements it received did not constitute net income for income tax purposes, because (a) they…
2Cases cited1 opinion
- United States v. HudsonSupreme Court of the United States · 1937
3Cited by6 opinions
- Wilson Milling Co. v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1943
- Insular Sugar Refining Corp. v. CommissionerUnited States Tax Court · 1944
- Vica Co. v. CommissionerUnited States Tax Court · 1945
- Eugene H. Timanus, Receiver for Spencer Corp. v. CommissionerUnited States Tax Court · 1945
- Republic Cotton Mills v. CommissionerUnited States Tax Court · 1947
1 more not listed; retrieve them via the Exa API.