Barry-Wehmiller Machinery Co. v. Commissioner
United States Tax Court
The petitioner filed a timely application for relief under section 722 of the Internal Revenue Code for the fiscal year ended July 31, 1943, and for refund of the overpayment of excess profits tax for that year which would result from an allowance of the constructive average base period net income claimed and from a carryover from the fiscal years 1941 and 1942 of unused excess profits credits.
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The petitioner filed a timely application for relief under section 722 of the Internal Revenue Code for the fiscal year ended July 31, 1943, and for refund of the overpayment of excess profits tax for that year which would result from an allowance of the constructive average base period net income claimed and from a carryover from the fiscal years 1941 and 1942 of unused excess profits credits. Subsequently it filed a timely claim for relief under section 722 for the fiscal year ended July 31, 1944, and for the refund of the overpayment of excess profits tax which would result from the…
1Opinion of the Court
OPINION.
Turner, Judge:
The respondent determined deficiencies in petitioner’s income tax and overassessments of its excess profits tax as follows:
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The only question remaining for determination is whether in computing the amount of the refund of excess profits tax for the fiscal year ended July 31, 1943, petitioner is entitled to a carry-back of its unused excess profits credit for the fiscal year ended July 31, 1945.
Preliminary questions are (1) whether the carry-back in question must have been claimed by petitioner in its claim for refund or whether the carry-back is…
2Cases cited11 opinions
- United States v. Memphis Cotton Oil Co.Supreme Court of the United States · 1933
- Angelus Milling Co. v. CommissionerSupreme Court of the United States · 1945
- United States v. Garbutt Oil Co.Supreme Court of the United States · 1938
- United States v. AndrewsSupreme Court of the United States · 1938
- Blum Folding Paper Box Co. v. CommissionerUnited States Tax Court · 1945
6 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Hosking v. CommissionerUnited States Tax Court · 1974
- H. Fendrich, Inc. v. CommissionerUnited States Tax Court · 1955
- Bear Valley Mutual Water Company v. R. A. Riddell, District Director of Internal RevenueCourt of Appeals for the Ninth Circuit · 1974
- May Seed and Nursery Company v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1957
- St. Louis Amusement Co. v. CommissionerUnited States Tax Court · 1954
18 more not listed; retrieve them via the Exa API.