Robinson's Dairy, Inc. v. Commissioner
United States Tax Court
1. New Corporation -- Secs. 430(e)(2)(B), 445(g)(2)(C), and 474(c). -- The petitioner was not a "new corporation" under section 430(e), 1939 Code. 2. Additions to Tax -- Secs. 291(a) and 293(a). -- The Commissioner did not err in determining that additions to tax are due under sections 291(a) and 293(a).
1Opinion of the Court
OPINION.
Murdock, Judge:
The Commissioner has determined that the petitioner does not qualify as a “new corporation” under section 430(e) of the Internal Revenue Code of 1939. He relies particularly in his brief on sections 430(e) (2) (B) (i) and 445(g) (2) (C). Section 430 (e) provides for an alternative tax rate which can be applied to so-called new corporations in case it is lower than the maximum rate applicable to corporations generally. The benefit thus accorded new corporations was to give them some relief through lighter tax during the early growth years of their existence. The…
2Cases cited15 opinions
- Commissioner v. AckerSupreme Court of the United States · 1959
- Hirschman v. CommissionerUnited States Tax Court · 1949
- R. A. Bryan and Ruby M. Bryan, C. B. McNairy and Rowena A. McNairy W. H. Weaver and Edith H. Weaver v. Commissioner of Internal RevenueCourt of Appeals for the Fourth Circuit · 1960
- Bryan v. CommissionerUnited States Tax Court · 1959
- Eck v. CommissionerUnited States Tax Court · 1951
10 more not listed; retrieve them via the Exa API.
3Cited by65 opinions
- Crocker v. CommissionerUnited States Tax Court · 1989
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- Thompson v. CommissionerUnited States Tax Court · 1982
- Magnon v. CommissionerUnited States Tax Court · 1980
- Bagur v. Comm'rUnited States Tax Court · 1976
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