Rossi v. Commissioner
United States Board of Tax Appeals
Petitioner was a member of a partnership which in 1935 became insolvent and made an assignment to an agent and attorney in fact of its assets for the benefit of its creditors. In 1936, the assets having been sold and converted into cash, final settlement was made with the creditors and the partnership liquidated. In 1937 the Pillsbury Flour Co. mailed a draft payable to the partnership in refund of certain processing taxes paid in prior years.
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Petitioner was a member of a partnership which in 1935 became insolvent and made an assignment to an agent and attorney in fact of its assets for the benefit of its creditors. In 1936, the assets having been sold and converted into cash, final settlement was made with the creditors and the partnership liquidated. In 1937 the Pillsbury Flour Co. mailed a draft payable to the partnership in refund of certain processing taxes paid in prior years. The person formerly designated as agent and attorney in fact in the assignment received the draft, cashed it, and spent the money for his own personal…
1Opinion of the Court
*736OPINION.
Black:
Subsequent to the holding by the Supreme Court of the United States that the processing taxes imposed by the Agricultural Adjustment Act were unconstitutional, Congress in the Revenue Act of 1936 enacted “Title III, Tax on Unjust Enrichment.” Provisions of that act applicable to the instant case are printed in the margin.1
*737Petitioner contests respondent’s determination on the ground that he did not receive any of the proceeds of the draft from the Pillsbury Flour Co., either directly or indirectly. The uncontradicted evidence is that the check was received in 1937 by W. C.…
2Cases cited2 opinions
- North American Oil Consolidated v. BurnetSupreme Court of the United States · 1932
- Hoeper v. Tax Comm'n of Wis.Supreme Court of the United States · 1931
3Cited by8 opinions
- Alsop v. CommissionerUnited States Tax Court · 1960
- In Re McRaeUnited States Bankruptcy Court, S.D. Texas · 1994
- Grant v. CommissionerUnited States Tax Court · 1995
- Paxson v. CommissionerUnited States Tax Court · 1943
- Reynolds v. CommissionerUnited States Tax Court · 1987
3 more not listed; retrieve them via the Exa API.