Martin Weiner Corp. v. Commissioner
United States Tax Court
Held, petitioner timely filed, under section 322 (d) (1) (A) of the 1939 Code, a Form 991 claiming refund of its entire 1942 excess profits tax on section 722 grounds only.
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Held, petitioner timely filed, under section 322 (d) (1) (A) of the 1939 Code, a Form 991 claiming refund of its entire 1942 excess profits tax on section 722 grounds only. This was a claim for excess profits tax refund which satisfied the statute of limitations provision of section 322 (d) (1) (A). Under respondent's regulations, however, that claim was not sufficient to recover a portion of such excess profits tax ($ 4,646.45) on standard issue grounds because it was not filed on Form 843 and it failed to specify the applicable standard issue grounds. But respondent may waive those…
1Opinion of the Court
OPINION.
Black, Judge:
This case is before us on remand from the Court of Appeals for the Second Circuit, Martin Weiner Corp. v. Commissioner, 223 F. 2d 444.
In our initial report in these proceedings, 21 T. C. 470, we held (following Mutual Lumber Co., 16 T. C. 370) that where respondent, in a combined notice of deficiency and disallowance for various taxable years, determined that there was an overassessment of $11,088.77 in petitioner’s 1942 excess profits tax of which $4,646.45 was due to “standard issue adjustments” (i. e., adjustments under the World War II excess profits tax provisions of…
2Cases cited10 opinions
- United States v. Memphis Cotton Oil Co.Supreme Court of the United States · 1933
- United States v. KalesSupreme Court of the United States · 1941
- Angelus Milling Co. v. CommissionerSupreme Court of the United States · 1945
- Tucker v. AlexanderSupreme Court of the United States · 1927
- United States v. Garbutt Oil Co.Supreme Court of the United States · 1938
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