Legal Opinion

Havens Structural Steel Co. v. Commissioner

United States Tax Court

Decided August 21, 1958No. Docket No. 28634Published

Held, that assuming (but not deciding) that petitioner has established a qualifying factor under section 722 (b) (1) or 722 (b) (2) of the Code of 1939 because of a drought and insect infestation, or under section 722 (b) (3) (A) because of a profits cycle differing materially in length and amplitude from the general business cycle, nevertheless, in view of the invested capital credit allowed to petitioner, petitioner has not established a constructive average base period…

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Held, that assuming (but not deciding) that petitioner has established a qualifying factor under section 722 (b) (1) or 722 (b) (2) of the Code of 1939 because of a drought and insect infestation, or under section 722 (b) (3) (A) because of a profits cycle differing materially in length and amplitude from the general business cycle, nevertheless, in view of the invested capital credit allowed to petitioner, petitioner has not established a constructive average base period net income in an amount which would entitle it to relief under section 722.

1Opinion of the Court

Havens Structural Steel Co., Petitioner, v. Commissioner of Internal Revenue, Respondent

Havens Structural Steel Co. v. Commissioner

Docket No. 28634

United States Tax Court

30 T.C. 1121; 1958 U.S. Tax Ct. LEXIS 97;

August 21, 1958, Filed

Decision will be entered under Rule 50.

Held, that assuming (but not deciding) that petitioner has established a qualifying factor under section 722 (b) (1) or 722 (b) (2) of the Code of 1939 because of a drought and insect infestation, or under section 722 (b) (3) (A) because of a profits cycle differing materially in length and amplitude from the general business…

2Cases cited3 opinions

  1. Farmers Creamery Co. v. CommissionerUnited States Tax Court · 1952
  2. Godfrey Food Co. v. CommissionerUnited States Tax Court · 1952
  3. Havens Structural Steel Co. v. CommissionerUnited States Tax Court · 1958

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