Lamar Creamery Co. v. Commissioner
United States Tax Court
Petitioner is engaged in the business of manufacturing dairy products and bottling fluid milk at Paris, Texas. It paid excess profits tax for the years 1941 and 1942 and filed applications for relief under section 722, I. R. C., for both years, which applications the Commissioner has disallowed.
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Petitioner is engaged in the business of manufacturing dairy products and bottling fluid milk at Paris, Texas. It paid excess profits tax for the years 1941 and 1942 and filed applications for relief under section 722, I. R. C., for both years, which applications the Commissioner has disallowed. Held, petitioner failed to establish that its excess profits tax for the calendar years 1941 and 1942, computed without the benefit of section 722, I. R. C., as amended, was excessive and discriminatory because of the factors mentioned in section 722 (b) (2), but has established that its said tax was…
1Opinion of the Court
OPINION.
Black, Judge:
The question presented is whether petitioner is entitled to any relief from excess profits tax for the calendar years 1941 and 1942 under the provisions of section 722 of the Internal Revenue Code, as amended, the material provisions of whieh are in the margin.2
Under the statute petitioner must establish (1) that the tax computed without the benefit of section 722 results in an excessive and discriminatory tax and (2) a fair and just amount representing normal earnings to be used as a constructive average base period net income. See East Texas Motor Freight Lines, 7 T. C.…
2Cases cited4 opinions
- Monarch Cap Screw & Mfg. Co. v. CommissionerUnited States Tax Court · 1945
- East Texas Motor Freight Lines v. CommissionerUnited States Tax Court · 1946
- 7-Up Ft. Worth Co. v. CommissionerUnited States Tax Court · 1947
- Fish Net & Twine Co. v. CommissionerUnited States Tax Court · 1947
3Cited by119 opinions
- Wisconsin Farmer Co. v. CommissionerUnited States Tax Court · 1950
- Avey Drilling Machine Co. v. CommissionerUnited States Tax Court · 1951
- Danco Co. v. CommissionerUnited States Tax Court · 1950
- Harlan Bourbon & Wine Co. v. CommissionerUnited States Tax Court · 1950
- Gus Blass Co. v. CommissionerUnited States Tax Court · 1947
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