United States Sugar Corp. v. Commissioner

SIBLEY, Circuit Judge.

This petition for review seeks reversal of a decision of the Tax Court which sustained an assessment by the Commissioner of an unjust enrichment tax, with penalty for delayed return, touching processing taxes during petitioner’s fiscal year ending June 30, 1937. The facts are not in dispute, and briefly are as follows:

Petitioner produced raw sugar. It shipped it to Savannah Sugar Refining Corporation (herein called Savannah) under a continuing contract which provided that petitioner would sell Savannah raw sugar, title passing on delivery, and Savannah would deliver…