Legal Opinion

Crater Lake Machinery Co. v. Commissioner

United States Tax Court

Decided December 31, 1957No. Docket No. 60386Published

Excess Profits Tax Credit Based on Income -- Korean War -- Purchase of Another Corporation -- Elimination of Duplication in Base Period Combined Earnings -- Sec. 474, I. R. C. 1939 -- Regs. 130, Sec. 40.474-4 (a) (1) and (a) (2) (ii). -- The fact that the petitioner in some base period years had a deficit in excess profits net income does not preclude the elimination of a duplication of earnings under section 474 and Regulations 130, sec. 40.474-4 (a) (1) and (a) (2) (ii),…

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Excess Profits Tax Credit Based on Income -- Korean War -- Purchase of Another Corporation -- Elimination of Duplication in Base Period Combined Earnings -- Sec. 474, I. R. C. 1939 -- Regs. 130, Sec. 40.474-4 (a) (1) and (a) (2) (ii). -- The fact that the petitioner in some base period years had a deficit in excess profits net income does not preclude the elimination of a duplication of earnings under section 474 and Regulations 130, sec. 40.474-4 (a) (1) and (a) (2) (ii), in combining the base period excess profits net income of the petitioner and that of the "selling" corporation for the…

1Opinion of the Court

Crater Lake Machinery Co., Petitioner, v. Commissioner of Internal Revenue, Respondent

Crater Lake Machinery Co. v. Commissioner

Docket No. 60386

United States Tax Court

29 T.C. 620; 1957 U.S. Tax Ct. LEXIS 1;

December 31, 1957, Filed

Decision will be entered for the respondent.

Excess Profits Tax Credit Based on Income -- Korean War -- Purchase of Another Corporation -- Elimination of Duplication in Base Period Combined Earnings -- Sec. 474, I. R. C. 1939 -- Regs. 130, Sec. 40.474-4 (a) (1) and (a) (2) (ii). -- The fact that the petitioner in some base period years had a deficit in excess profits…

2Cases cited2 opinions

  1. Crater Lake Machinery Co. v. CommissionerUnited States Tax Court · 1957
  2. National Bank of Commerce v. CommissionerUnited States Tax Court · 1957

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