Legal Opinion

Consolidated Motor Lines, Inc. v. Commissioner

United States Tax Court

Decided May 17, 1946No. Docket No. 2043Published

1. The petitioner, a common carrier of freight by motor carrier, was engaged in business from 1934 to 1940, inclusive. In computation of excess profits tax for 1940 it considered its expenses for interest in the base period year 1938 as abnormal, under section 711 (b) (1) (J), Internal Revenue Code.

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1. The petitioner, a common carrier of freight by motor carrier, was engaged in business from 1934 to 1940, inclusive. In computation of excess profits tax for 1940 it considered its expenses for interest in the base period year 1938 as abnormal, under section 711 (b) (1) (J), Internal Revenue Code. Held, on the facts, that petitioner did not show such abnormality was not a consequence of a change in the size of the petitioner's business. 2. Petitioner, because of a hurricane in September 1938, had unusually heavy expenses for carriage and delivery of freight, due to blocked roads and…

1Opinion of the Court

Consolidated Motor Lines, Inc., Petitioner, v. Commissioner of Internal Revenue, Respondent

Consolidated Motor Lines, Inc. v. Commissioner

Docket No. 2043

United States Tax Court

6 T.C. 1066; 1946 U.S. Tax Ct. LEXIS 191;

May 17, 1946, Promulgated

Decision will be entered under Rule 50.

1. The petitioner, a common carrier of freight by motor carrier, was engaged in business from 1934 to 1940, inclusive. In computation of excess profits tax for 1940 it considered its expenses for interest in the base period year 1938 as abnormal, under section 711 (b) (1) (J), Internal Revenue Code. Held, on the…

2Cases cited8 opinions

  1. Burnet v. Sanford & Brooks Co.Supreme Court of the United States · 1931
  2. Kornhauser v. United StatesSupreme Court of the United States · 1928
  3. Greene Motor Co. v. CommissionerUnited States Tax Court · 1945
  4. William Leveen Corp. v. CommissionerUnited States Tax Court · 1944
  5. Colson Corp. v. CommissionerUnited States Tax Court · 1945

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