Blue Diamond Coal Co. v. Commissioner
United States Tax Court
During all of the periods here material, petitioner was engaged in the business of mining and selling bituminous coal. During the years 1924 through 1934, petitioner's labor costs and the average value of coal at the mines remained relatively proportionate.
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During all of the periods here material, petitioner was engaged in the business of mining and selling bituminous coal. During the years 1924 through 1934, petitioner's labor costs and the average value of coal at the mines remained relatively proportionate. Beginning in 1935 and lasting through the base period, labor costs increased materially due to unionization, but, as a result of existing competitive conditions, the value of coal at the mine did not increase correspondingly. Held, that petitioner has failed to establish that its business was depressed in the base period because of…
1Opinion of the Court
Fisher, Judge:
These proceedings involve petitioner’s claims for refund of excess profits tax under the provisions of section 722 of the Internal Revenue Code of 1939 for the fiscal years ended March 31, 1943, 1944, 1945, and 1946. Also involved are disallowed claims of petitioner for additional exempt excess output credits under the provisions of section 735 for the same fiscal years. The amounts of tax determined by respondent, the amounts of refunds claimed in original and amended claims, and the amount of claims disallowed under section 735 are set forth in our findings, infra.
The…
2Cases cited10 opinions
- Lamar Creamery Co. v. CommissionerUnited States Tax Court · 1947
- Avey Drilling Machine Co. v. CommissionerUnited States Tax Court · 1951
- Brown Paper Mill Co. v. CommissionerUnited States Tax Court · 1954
- Constitution Publishing Co. v. CommissionerUnited States Tax Court · 1954
- Tri-State Beverage Distributors, Inc. v. CommissionerUnited States Tax Court · 1957
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Richmond Television Corporation v. United StatesCourt of Appeals for the Fourth Circuit · 1965
- Overland Corp. v. CommissionerUnited States Tax Court · 1960
- A. Finkl & Sons Co. v. CommissionerUnited States Tax Court · 1962
- United States Steel Corp. v. United StatesDistrict Court, S.D. New York · 1969
- Blue Diamond Coal Company v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1960
2 more not listed; retrieve them via the Exa API.