Constitution Publishing Co. v. Commissioner
United States Tax Court
1. Claims for excess profits tax relief under section 722 (b) (2), (4), and (5) of the Internal Revenue Code of 1939, based upon an alleged depression of base period income due to intense competition among petitioner and two other Atlanta, Georgia, daily newspapers denied where the evidence fails to show that there were depressed base period earnings because of a temporary or unusual circumstance in petitioner's experience. 2. There was no substantial change in the character…
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1. Claims for excess profits tax relief under section 722 (b) (2), (4), and (5) of the Internal Revenue Code of 1939, based upon an alleged depression of base period income due to intense competition among petitioner and two other Atlanta, Georgia, daily newspapers denied where the evidence fails to show that there were depressed base period earnings because of a temporary or unusual circumstance in petitioner's experience. 2. There was no substantial change in the character of petitioner's business or other factors entitling petitioner to relief under section 722.
1Opinion of the Court
OPINION.
Akundell, Judge:
The petitioner applied to the respondent for relief from its excess profits taxes for the calendar years 1940, 1942, and 1943, and in its application and claims for refund in the total amount of $278,578.16, it urged that grounds for relief were present under subsections (b) (2), (4), and (5) of section 722 of the Internal Revenue Code of 1939. The respondent rejected the claims and denied the relief sought, and the case is now before the Tax Court for a review of respondent’s action. In its petition filed with this Court, the petitioner relies on the same broad facts…
2Cases cited8 opinions
- Lamar Creamery Co. v. CommissionerUnited States Tax Court · 1947
- Wisconsin Farmer Co. v. CommissionerUnited States Tax Court · 1950
- Granite Constr. Co. v. CommissionerUnited States Tax Court · 1952
- Stonhard Co. v. CommissionerUnited States Tax Court · 1949
- Packer Pub. Co. v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1954
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- Democrat Publishing Co. v. CommissionerUnited States Tax Court · 1956
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