Legal Opinion

Air Preheater Corp. v. Commissioner

United States Tax Court

Decided September 13, 1961No. Docket No. 51624Published

Sec. 722(b)(4) -- Change in Character of Business -- Change in Product -- Sec. 711(b)(1)(J) -- Abnormal Deductions in Base Period. -- Held, the petitioner's alteration of its product was an improvement, and not a change in product within the meaning of sec. 722(b) (4). Held, further, the excess in the management fee paid by the petitioner in 1937 may not be disallowed as a deduction under sec. 711(b)(1)(J).

1Opinion of the Court

The Air Preheater Corporation, Petitioner, v. Commissioner of Internal Revenue, Respondent

Air Preheater Corp. v. Commissioner

Docket No. 51624

United States Tax Court

36 T.C. 982; 1961 U.S. Tax Ct. LEXIS 80;

September 13, 1961, Filed

Decision will be entered for the respondent.

Sec. 722(b)(4) -- Change in Character of Business -- Change in Product -- Sec. 711(b)(1)(J) -- Abnormal Deductions in Base Period. -- Held, the petitioner's alteration of its product was an improvement, and not a change in product within the meaning of sec. 722(b) (4). Held, further, the excess in the management fee paid by…

2Cases cited8 opinions

  1. Avey Drilling Machine Co. v. CommissionerUnited States Tax Court · 1951
  2. 7-Up Ft. Worth Co. v. CommissionerUnited States Tax Court · 1947
  3. Pelton & Crane Co. v. CommissionerUnited States Tax Court · 1953
  4. Charis Corp. v. CommissionerUnited States Tax Court · 1954
  5. Robertson Factories, Inc. v. CommissionerUnited States Tax Court · 1959

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