Consolidated Motor Lines, Inc. v. Commissioner
United States Tax Court
1. The petitioner, a common carrier of freight by motor carrier, was engaged in business from 1934 to 1940, inclusive. In computation of excess profits tax for 1940 it considered its expenses for interest in the base period year 1938 as abnormal, under section 711 (b) (1) (J), Internal Revenue Code.
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1. The petitioner, a common carrier of freight by motor carrier, was engaged in business from 1934 to 1940, inclusive. In computation of excess profits tax for 1940 it considered its expenses for interest in the base period year 1938 as abnormal, under section 711 (b) (1) (J), Internal Revenue Code. Held, on the facts, that petitioner did not show such abnormality was not a consequence of a change in the size of the petitioner's business. 2. Petitioner, because of a hurricane in September 1938, had unusually heavy expenses for carriage and delivery of freight, due to blocked roads and…
1Opinion of the Court
Disney, Judge:
This case involves income tax and excess profits tax for the calendar year 1940. The Commissioner determined a deficiency of $5,396.02 in income tax and $16,257.52 in excess profits tax. The petition sets up a claim of $2,522.26 overpayment of income tax and $4,500 overpayment of excess profits tax. Some of the issues have been conceded and another settled by stipulation, all of which will be reflected in decision under Rule 50. This leaves for consideration the following issues: (1) Whether the Commissioner erred in including in petitioner’s income $7,579.43 charged by the…
2Cases cited7 opinions
- Burnet v. Sanford & Brooks Co.Supreme Court of the United States · 1931
- Kornhauser v. United StatesSupreme Court of the United States · 1928
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- Colson Corp. v. CommissionerUnited States Tax Court · 1945
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