Legal Opinion

Brown-Forman Corp. v. Commissioner

United States Tax Court

Decided June 25, 1990No. Docket No. 27494-87Published

Manufacturer of alcoholic beverages paid Federal excise tax on distilled spirits sold domestically and utilized DISC as commission agent for export sales of its liqueur product. Held, for purposes of computing the overall profit percentage limitation (OPPL) under sec. 1.994-2, Income Tax Regs., "gross receipts" from domestic sales includes the total sales proceeds received from customers, without reduction for manufacturer's payment of excise tax on distilled spirits.

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Manufacturer of alcoholic beverages paid Federal excise tax on distilled spirits sold domestically and utilized DISC as commission agent for export sales of its liqueur product. Held, for purposes of computing the overall profit percentage limitation (OPPL) under sec. 1.994-2, Income Tax Regs., "gross receipts" from domestic sales includes the total sales proceeds received from customers, without reduction for manufacturer's payment of excise tax on distilled spirits. Held, further, for purposes of the OPPL, gross receipts from export sales does not include any amount attributable to the…

1Opinion of the Court

Brown-Forman Corporation (A Delaware Corporation), Successor by Merger to Brown-Forman Corporation (A Tennessee Corporation), Successor in Interest to Southern Comfort Corporation (A Delaware Corporation), Petitioner 1 v. Commissioner of Internal Revenue, Respondent

Brown-Forman Corp. v. Commissioner

Docket No. 27494-87

United States Tax Court

94 T.C. 919; 1990 U.S. Tax Ct. LEXIS 63; 94 T.C. No. 58;

June 25, 1990, Filed

Decision will be entered under Rule 155.

Manufacturer of alcoholic beverages paid Federal excise tax on distilled spirits sold domestically and utilized DISC as commission agent for…

2Cases cited37 opinions

  1. Crane v. CommissionerSupreme Court of the United States · 1947
  2. National Muffler Dealers Assn., Inc. v. United StatesSupreme Court of the United States · 1979
  3. United States v. Vogel Fertilizer Co.Supreme Court of the United States · 1982
  4. Rowan Cos. v. United StatesSupreme Court of the United States · 1981
  5. Rothensies v. Electric Storage Battery Co.Supreme Court of the United States · 1946

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