Miami Purchasing Service Corp. v. Commissioner
United States Tax Court
Petitioners were engaged in the sale and export of domestically produced goods to countries in the Western Hemisphere. Held, the statute of limitations is not a bar to the assessment and collection of a deficiency against petitioners.
Read the full summary
Petitioners were engaged in the sale and export of domestically produced goods to countries in the Western Hemisphere. Held, the statute of limitations is not a bar to the assessment and collection of a deficiency against petitioners. Held, further, petitioners are not entitled to a Western Hemisphere trade corporation deduction under sec. 922, I.R.C. 1954, because they have not proved that 95 percent or more of their gross incomes for the relevant periods were from sources without the United States, as required by sec. 921(a), I.R.C. 1954.
1Opinion of the Court
Sterrett, Judge:
Respondent determined deficiencies in petitioners’ Federal income taxes as follows:
Docket No. Petitioner Year Deficiency
3934-79 Miami Purchasng Service Corp., Inc. 1974 $2,889.94
1975 6,284.41
1976 6,986.84 16,161.19
3935-79 Miami Aviation Service, Inc. 1974 5,361.74
1975 13,475.18
1976 8,713.69 27,550.61
These cases have been consolidated for trial, briefing, and opinion.
The issues remaining for our decision are: (1) Whether the statute of limitations bars the assessment and collection of any deficiencies against the petitioners; and (2) whether more than 5 percent of each…
2Cases cited13 opinions
- Welch v. HelveringSupreme Court of the United States · 1933
- New Colonial Ice Co. v. HelveringSupreme Court of the United States · 1934
- Wichita Term. El. Co. v. Commissioner of Int. R.Court of Appeals for the Tenth Circuit · 1947
- Interstate Transit Lines v. CommissionerSupreme Court of the United States · 1943
- Robinson v. CommissionerUnited States Tax Court · 1972
8 more not listed; retrieve them via the Exa API.
3Cited by51 opinions
- Coleman v. CommissionerUnited States Tax Court · 1986
- Coleman v. CommissionerUnited States Tax Court · 1990
- Amesbury Apartments, Ltd. v. CommissionerUnited States Tax Court · 1990
- Estate of Durkin v. CommissionerUnited States Tax Court · 1992
- Illinois Power Co. v. CommissionerUnited States Tax Court · 1986
46 more not listed; retrieve them via the Exa API.