Legal Opinion

Constitution Publishing Co. v. Commissioner

United States Tax Court

Decided October 8, 1954No. Docket No. 37709Published

1. Claims for excess profits tax relief under section 722 (b) (2), (4), and (5) of the Internal Revenue Code of 1939, based upon an alleged depression of base period income due to intense competition among petitioner and two other Atlanta, Georgia, daily newspapers denied where the evidence fails to show that there were depressed base period earnings because of a temporary or unusual circumstance in petitioner's experience. 2. There was no substantial change in the character…

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1. Claims for excess profits tax relief under section 722 (b) (2), (4), and (5) of the Internal Revenue Code of 1939, based upon an alleged depression of base period income due to intense competition among petitioner and two other Atlanta, Georgia, daily newspapers denied where the evidence fails to show that there were depressed base period earnings because of a temporary or unusual circumstance in petitioner's experience. 2. There was no substantial change in the character of petitioner's business or other factors entitling petitioner to relief under section 722.

1Opinion of the Court

The Constitution Publishing Company, by Atlanta Newspapers, Inc., Successor on Consolidation, Petitioner, v. Commissioner of Internal Revenue, Respondent

Constitution Publishing Co. v. Commissioner

Docket No. 37709

United States Tax Court

23 T.C. 19; 1954 U.S. Tax Ct. LEXIS 76;

October 8, 1954, Filed

Decision will be entered for the respondent.

1. Claims for excess profits tax relief under section 722 (b) (2), (4), and (5) of the Internal Revenue Code of 1939, based upon an alleged depression of base period income due to intense competition among petitioner and two other Atlanta, Georgia, daily…

2Cases cited9 opinions

  1. Lamar Creamery Co. v. CommissionerUnited States Tax Court · 1947
  2. Wisconsin Farmer Co. v. CommissionerUnited States Tax Court · 1950
  3. Granite Constr. Co. v. CommissionerUnited States Tax Court · 1952
  4. Stonhard Co. v. CommissionerUnited States Tax Court · 1949
  5. Packer Pub. Co. v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1954

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