Legal Opinion

Southern Acid & Sulphur Co. v. Commissioner

United States Tax Court

Decided August 19, 1958No. Docket No. 27024Published

Held, the petitioner failed to qualify for relief under section 722 (b) (2) or 722 (b) (4), I. R. C. 1939. The petitioner's industry was not temporarily depressed during the base period years. Petitioner failed to establish facts which would support a constructive average base period net income yielding an excess profits credit greater than that available without the application of section 722.

1Opinion of the Court

Southern Acid & Sulphur Company, Inc., Petitioner, v. Commissioner of Internal Revenue, Respondent

Southern Acid & Sulphur Co. v. Commissioner

Docket No. 27024

United States Tax Court

30 T.C. 1098; 1958 U.S. Tax Ct. LEXIS 101;

August 19, 1958, Filed

Decision will be entered for the respondent.

Held, the petitioner failed to qualify for relief under section 722 (b) (2) or 722 (b) (4), I. R. C. 1939. The petitioner's industry was not temporarily depressed during the base period years. Petitioner failed to establish facts which would support a constructive average base period net income yielding an…

2Cases cited8 opinions

  1. Wisconsin Farmer Co. v. CommissionerUnited States Tax Court · 1950
  2. Wadley Co. v. CommissionerUnited States Tax Court · 1951
  3. Pabst Air Conditioning Corp. v. CommissionerUnited States Tax Court · 1950
  4. Constitution Publishing Co. v. CommissionerUnited States Tax Court · 1954
  5. Miami Valley Coated Paper Co. v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1954

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