Clinchfield Coal Corp. v. Commissioner
United States Board of Tax Appeals
By a computation of average margins as provided by subsection (e)(1) of section 501, Revenue Act of 1936, the Commissioner has determined deficiencies in petitioner's unjust enrichment tax under subsection (a)(3) of section 501. Petitioner contests the correctness of this determination.
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By a computation of average margins as provided by subsection (e)(1) of section 501, Revenue Act of 1936, the Commissioner has determined deficiencies in petitioner's unjust enrichment tax under subsection (a)(3) of section 501. Petitioner contests the correctness of this determination. Held, the prima facie case made out by the Commissioner's computation of margins has been overcome by the evidence and such evidence shows that petitioner did not shift, either directly or indirectly, to its customers the tax which it paid under the Bituminous Coal Conservation Act of 1935, and hence is not…
1Opinion of the Court
CLINCHFIELD COAL CORPORATION, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.
Clinchfield Coal Corp. v. Commissioner
Docket No. 102862.
United States Board of Tax Appeals
47 B.T.A. 151; 1942 BTA LEXIS 726;
June 23, 1942, Promulgated
By a computation of average margins as provided by subsection (e)(1) of section 501, Revenue Act of 1936, the Commissioner has determined deficiencies in petitioner's unjust enrichment tax under subsection (a)(3) of section 501. Petitioner contests the correctness of this determination. Held, the prima facie case made out by the Commissioner's computation…
2Cases cited1 opinion
- Clinchfield Coal Corp. v. CommissionerUnited States Board of Tax Appeals · 1942