Legal Opinion

Empire Liquor Corp. v. Commissioner

United States Tax Court

Decided March 9, 1956No. Docket No. 29681Published

Petitioner, a wholesale liquor distributor, claims relief from excess profits tax under section 722 (b) (2) and (b) (4) of the 1939 Code. Held, petitioner has shown that it commenced business during the base period within the meaning of section 722 (b) (4), but has failed to establish a constructive average base period net income in excess of its invested capital credits for the years in issue.

1Opinion of the Court

Empire Liquor Corporation, Petitioner, v. Commissioner of Internal Revenue, Respondent

Empire Liquor Corp. v. Commissioner

Docket No. 29681

United States Tax Court

25 T.C. 1183; 1956 U.S. Tax Ct. LEXIS 250;

March 9, 1956, Filed

Decision will be entered for the respondent.

Petitioner, a wholesale liquor distributor, claims relief from excess profits tax under section 722 (b) (2) and (b) (4) of the 1939 Code. Held, petitioner has shown that it commenced business during the base period within the meaning of section 722 (b) (4), but has failed to establish a constructive average base period net income…

2Cases cited4 opinions

  1. Harlan Bourbon & Wine Co. v. CommissionerUnited States Tax Court · 1950
  2. Triangle Raincoat Co. v. CommissionerUnited States Tax Court · 1952
  3. Godfrey Food Co. v. CommissionerUnited States Tax Court · 1952
  4. Empire Liquor Corp. v. CommissionerUnited States Tax Court · 1956

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