Legal Opinion

Midvale Co. v. Commissioner

United States Tax Court

Decided March 31, 1953No. Docket No. 31121Published

Petitioner's claim for relief under section 722 on the ground of a "change" in the character of its business due to increased capacity actually installed or committed for prior to 1940, held properly disallowed in view of petitioner's failure to show that its reconstruction of a fair and just amount representing normal earnings was more than the excess profits credit to which it is entitled in any event under section 713.

1Opinion of the Court

The Midvale Company, Petitioner, v. Commissioner of Internal Revenue, Respondent

Midvale Co. v. Commissioner

Docket No. 31121

United States Tax Court

19 T.C. 1216; 1953 U.S. Tax Ct. LEXIS 208;

March 31, 1953, Promulgated

Decision will be entered for the respondent.

Petitioner's claim for relief under section 722 on the ground of a "change" in the character of its business due to increased capacity actually installed or committed for prior to 1940, held properly disallowed in view of petitioner's failure to show that its reconstruction of a fair and just amount representing normal earnings was more…

2Cases cited23 opinions

  1. Blum Folding Paper Box Co. v. CommissionerUnited States Tax Court · 1945
  2. Wisconsin Farmer Co. v. CommissionerUnited States Tax Court · 1950
  3. Avey Drilling Machine Co. v. CommissionerUnited States Tax Court · 1951
  4. East Texas Motor Freight Lines v. CommissionerUnited States Tax Court · 1946
  5. 7-Up Ft. Worth Co. v. CommissionerUnited States Tax Court · 1947

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