FEDERAL · 7 U.S.C. · Chapter 26
Existing contracts; imposition of tax on vendee; collection
Current through Pub. L. 119-102
(a)If (1) any processor, jobber, or wholesaler has, prior to the date a tax with respect to any commodity is first imposed under this chapter, made a bona fide contract of sale for delivery on or after such date, of any article processed wholly or in chief value from such commodity, and if (2) such contract does not permit the addition to the amount to be paid thereunder of the whole of such tax, then (unless the contract prohibits such addition) the vendee shall pay so much of the tax as is not permitted to be added to the contract price.
(b)Taxes payable by the vendee shall be paid to the vendor at the time the sale is consummated and shall be collected and paid to the United States by the vendor in the same manner as other taxes under this chapter. In case of failure or refusal by the
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7 U.S.C. § 618 (Existing contracts; imposition of tax on vendee; collection) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
M. Snower & Co. v. United States
140 F.2d 367 (Seventh Circuit, 1944)
Oswald Jaeger Baking Co. v. Commissioner
108 F.2d 375 (Seventh Circuit, 1939)
Zinsmaster Baking Co. v. Commissioner
109 F.2d 738 (Eighth Circuit, 1940)
Saller v. Commissioner of Internal Revenue
122 F.2d 430 (Third Circuit, 1941)
Albert Miller & Co. v. Commissioner
120 F.2d 789 (Seventh Circuit, 1941)
M. Snower & Co. v. United States
50 F. Supp. 197 (N.D. Illinois, 1943)
Saller v. United States
33 F. Supp. 748 (E.D. Pennsylvania, 1940)
Source Credit
History
(May 12, 1933, ch. 25, title I, §18, 48 Stat. 41.)
Editorial Notes
Editorial Notes
Constitutionality
Unconstitutionality of processing and floor stock taxes, see note set out under section 616 of this title.
Separability
Validity of remainder of this chapter as not affected should any of the provisions of this chapter be declared unconstitutional, see section 614 of this title.
Executive Documents
Transfer of Functions
Functions of all officers of Department of the Treasury, and functions of all agencies and employees of such Department, transferred, with certain exceptions, to Secretary of the Treasury, with power vested in him to authorize their performance or performance of any of his functions, by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 26, §§1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5, Government Organization and Employees. Commissioner of Internal Revenue, referred to in this section, is an officer of Department of the Treasury.
Constitutionality
Unconstitutionality of processing and floor stock taxes, see note set out under section 616 of this title.
Separability
Validity of remainder of this chapter as not affected should any of the provisions of this chapter be declared unconstitutional, see section 614 of this title.
Executive Documents
Transfer of Functions
Functions of all officers of Department of the Treasury, and functions of all agencies and employees of such Department, transferred, with certain exceptions, to Secretary of the Treasury, with power vested in him to authorize their performance or performance of any of his functions, by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 26, §§1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5, Government Organization and Employees. Commissioner of Internal Revenue, referred to in this section, is an officer of Department of the Treasury.