Legal Opinion

Joseph Weidenhoff, Inc. v. Commissioner

United States Tax Court

Decided September 23, 1959No. Docket Nos. 60793, 60794, 60795, 60796Published

1. In computing the amount of net operating loss for the year 1947 absorbed by carryback to the year 1945 under section 122(b) (1) and (2), I.R.C. 1939, the net income for the year 1945 against which the carryback is applied is to be reduced under section 122(d)(6) by the excess profits tax accrued for the year 1945, which is the excess profits tax computed to be due less the deferral in payment provided under section 710(a)(5) and less the 10 per cent credit provided under…

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1. In computing the amount of net operating loss for the year 1947 absorbed by carryback to the year 1945 under section 122(b) (1) and (2), I.R.C. 1939, the net income for the year 1945 against which the carryback is applied is to be reduced under section 122(d)(6) by the excess profits tax accrued for the year 1945, which is the excess profits tax computed to be due less the deferral in payment provided under section 710(a)(5) and less the 10 per cent credit provided under section 784. 2. That portion of the consolidated net operating losses of the affiliated group for the years 1948 and…

1Opinion of the Court

Joseph Weidenhoff, Incorporated, et al., 1 Petitioners, v. Commissioner of Internal Revenue, Respondent

Joseph Weidenhoff, Inc. v. Commissioner

Docket Nos. 60793, 60794, 60795, 60796

United States Tax Court

32 T.C. 1222; 1959 U.S. Tax Ct. LEXIS 81;

September 23, 1959, Filed

Decisions will be entered under Rule 50.

1. In computing the amount of net operating loss for the year 1947 absorbed by carryback to the year 1945 under section 122(b) (1) and (2), I.R.C. 1939, the net income for the year 1945 against which the carryback is applied is to be reduced under section 122(d)(6) by the excess profits…

2Cases cited24 opinions

  1. Security Flour Mills Co. v. CommissionerSupreme Court of the United States · 1944
  2. Libson Shops, Inc., v. Koehler, District Director of Internal RevenueSupreme Court of the United States · 1957
  3. United States v. Olympic Radio & Television, Inc.Supreme Court of the United States · 1955
  4. Lewyt Corp. v. CommissionerSupreme Court of the United States · 1955
  5. Burnet v. Aluminum Goods Manufacturing Co.Supreme Court of the United States · 1933

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