Legal Opinion

H. Fendrich, Inc. v. Commissioner

United States Tax Court

Decided November 18, 1955No. Docket No. 27290Published

Petitioner filed excess profits tax returns for 1944 and 1945 computing the taxes by the invested capital method, and at the same time filed applications for relief under section 722, Internal Revenue Code of 1939. In 1949 and while the applications were pending, petitioner filed claims for refund based upon the addition to invested capital of goodwill paid in at incorporation. Respondent disallowed the applications for relief.

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Petitioner filed excess profits tax returns for 1944 and 1945 computing the taxes by the invested capital method, and at the same time filed applications for relief under section 722, Internal Revenue Code of 1939. In 1949 and while the applications were pending, petitioner filed claims for refund based upon the addition to invested capital of goodwill paid in at incorporation. Respondent disallowed the applications for relief. It is stipulated that petitioner is entitled to the addition to invested capital, that the taxes were overpaid and that the correct tax is not excessive and…

1Opinion of the Court

H. Fendrich, Inc., Petitioner, v. Commissioner of Internal Revenue, Respondent

H. Fendrich, Inc. v. Commissioner

Docket No. 27290

United States Tax Court

25 T.C. 262; 1955 U.S. Tax Ct. LEXIS 47;

November 18, 1955, Filed

Decision will be entered according to the stipulation of the parties.

Petitioner filed excess profits tax returns for 1944 and 1945 computing the taxes by the invested capital method, and at the same time filed applications for relief under section 722, Internal Revenue Code of 1939. In 1949 and while the applications were pending, petitioner filed claims for refund based upon the…

Also in this document: Dissent.

2Cases cited20 opinions

  1. Lewis v. ReynoldsSupreme Court of the United States · 1932
  2. United States v. Felt & Tarrant Manufacturing Co.Supreme Court of the United States · 1931
  3. Rothensies v. Electric Storage Battery Co.Supreme Court of the United States · 1946
  4. United States v. Garbutt Oil Co.Supreme Court of the United States · 1938
  5. United States v. AndrewsSupreme Court of the United States · 1938

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