Hummel & Downing Co. v. Commissioner
United States Tax Court
Excess Profits Tax -- Sec. 722 (b) (2), I. R. C. -- Low Selling Prices Due to Temporary Overexpansion of Industry. -- The petitioner, a manufacturer of paper board shipping containers, has failed to show that it is entitled to relief under section 722 (b) (2) based upon abnormally low selling prices from late 1937 to late 1939 of the base period forced upon it and the industry of which it was a part by a temporary overexpansion of the competing kraft paper board industry.
1Opinion of the Court
OPINION.
Murdock, Judge:
The Court dismissed this proceeding because the basis for relief and the supporting facts presented at the trial had not been set forth in the Form 991 applications and were not shown to have been advanced to and considered by the Commissioner prior to his denial of the applications. Hummel & Downing Co., 19 T. C. 61. The petitioner thereafter on November 12, 1952, filed a “Motion to reopen and permit petitioner to file documents submitted administratively.” Its purpose was to show that in those documents it had presented to the Commissioner bases for relief and…
2Cases cited1 opinion
- Hummel & Downing Co. v. CommissionerUnited States Tax Court · 1952
3Cited by3 opinions
- Brown Paper Mill Co. v. CommissionerUnited States Tax Court · 1954
- Brown Paper Mill Co. v. CommissionerUnited States Tax Court · 1954
- Hummel & Downing Co. v. CommissionerUnited States Tax Court · 1953