Legal Opinion

Sullenger v. Commissioner

United States Tax Court

Decided December 23, 1948No. Docket Nos. 15630, 15631PublishedCited by 110 opinions

Income -- Cost of Goods Sold -- Excess Paid Over O. P. A. Price. -- The cost of goods sold is not a deduction, but must be subtracted from gross receipts to determine gross income, even though it includes an excess over the prices fixed by O. P. A.

1Opinion of the Court

OPINION.

Murdock, Judge:

The Commissioner determined deficiencies in income tax for fiscal years ended June 30 as follows:

The parties have entered into a stipulation which leaves for decision only the question of whether the Commissioner erred in failing to subtract from gross receipts, as cost of goods sold, the excess over the O. P. A. price paid by J. H. Sullenger for meat which he then sold through his business conducted under the name of Select Meat Co. The stipulation of facts is adopted as the findings of fact.

The petitioners are husband and wife. They reside in Texas, and they filed…

2Cases cited1 opinion

  1. United States v. SullivanSupreme Court of the United States · 1927

3Cited by110 opinions

  1. Shotwell Manufacturing Co. v. United StatesSupreme Court of the United States · 1963
  2. Fuller v. CommissionerUnited States Tax Court · 1953
  3. United States v. Shotwell Manufacturing Co.Supreme Court of the United States · 1957
  4. Alpenglow Botanicals, LLC v. United StatesCourt of Appeals for the Tenth Circuit · 2018
  5. Reading v. CommissionerUnited States Tax Court · 1978

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