Legal Opinion

Consolidated Motor Lines, Inc. v. Commissioner

United States Tax Court

Decided May 17, 1946No. Docket No. 2043PublishedCited by 16 opinions

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

  1. Burnet v. Sanford & Brooks Co.Supreme Court of the United States · 1931
  2. Kornhauser v. United StatesSupreme Court of the United States · 1928
  3. Greene Motor Co. v. CommissionerUnited States Tax Court · 1945
  4. William Leveen Corp. v. CommissionerUnited States Tax Court · 1944
  5. Colson Corp. v. CommissionerUnited States Tax Court · 1945

2 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. E. B. & A. C. Whiting Co. v. CommissionerUnited States Tax Court · 1948
  2. City Auto Stamping Co. v. CommissionerUnited States Tax Court · 1946
  3. Policy Holders Agency, Inc. v. CommissionerUnited States Tax Court · 1963
  4. Schneider Grocery Co. v. CommissionerUnited States Tax Court · 1948
  5. Atlantic Greyhound Corp. v. United StatesUnited States Court of Claims · 1953

11 more not listed; retrieve them via the Exa API.

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