Legal Opinion

Stockton v. Commissioner

United States Board of Tax Appeals

Decided May 16, 1941No. Docket No. 101627Published

During 1936 petitioner received reimbursements from two of his vendors representing amounts of Federal excise tax burdens included in prices paid by petitioner to such vendors in 1935. Upon the basis of the evidence and the application of subsections (e)(2) and (i)(1) of section 501, Title III, of the Revenue Act of 1936, determination is made of the part of the processing taxes petitioner absorbed, and the part he passed on to his vendees and is taxable on in computing his…

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During 1936 petitioner received reimbursements from two of his vendors representing amounts of Federal excise tax burdens included in prices paid by petitioner to such vendors in 1935. Upon the basis of the evidence and the application of subsections (e)(2) and (i)(1) of section 501, Title III, of the Revenue Act of 1936, determination is made of the part of the processing taxes petitioner absorbed, and the part he passed on to his vendees and is taxable on in computing his unjust enrichment tax.

1Opinion of the Court

E. W. STOCKTON, D.B.A. RIVERSIDE BAKING CO., PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Stockton v. Commissioner

Docket No. 101627.

United States Board of Tax Appeals

44 B.T.A. 514; 1941 BTA LEXIS 1318;

May 16, 1941, Promulgated

During 1936 petitioner received reimbursements from two of his vendors representing amounts of Federal excise tax burdens included in prices paid by petitioner to such vendors in 1935. Upon the basis of the evidence and the application of subsections (e)(2) and (i)(1) of section 501, Title III, of the Revenue Act of 1936, determination is made of the part…

2Cases cited1 opinion

  1. Stockton v. CommissionerUnited States Board of Tax Appeals · 1941

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