United States v. Los Angeles Soap Co.

Good Law
153 F.2d 320·34 A.F.T.R. (P-H) 857·1946 U.S. App. LEXIS 3731
United States Court of Appeals for the Ninth CircuitJanuary 29, 1946No. 11032California1,812 words

Opinion

Lead Opinion

Mathews, J.

Section 602% of the Revenue Act of 1934, 26 U.S.C.A. Int.Rev.Acts, page 778, provided:

“(a) There is hereby imposed upon the first domestic processing of coconut oil * * * a tax of 3 cents per pound, to be paid by the processor. There is hereby imposed (in addition to the tax imposed by the preceding sentence) a tax of 2 cents per pound, to be paid by the processor, upon the first domestic processing of cocpnut oil * * * except that the tax imposed by this sentence shall not apply when it is established, in accordance with regulations prescribed by the Commissioner with the approval of the Secretary, that such coconut oil * * * is wholly the production of the Philippine Islands or any other possession of the United States * * *. All taxes collected under this section with respect to coconut oil wholly of Philippine production * * * shall be held as a separate fund and paid to the Treasury of the Philippine Islands * * *

*321 “(b) Each processor required to pay the tax imposed by this section shall make monthly returns under oath in duplicate and pay the tax to the collector of internal revenue for the district in which is located his. principal place of business * * *. Such…

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