H. F. Campbell Co. v. Commissioner
United States Tax Court
1. Held, respondent's proposed amendment to his answer, increasing petitioner's taxable income for 1961 in the identical amount by which petitioner's net operating loss for 1962 is increased, is not untimely or prejudicial and merely conforms the answer to the proof adduced at trial.
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1. Held, respondent's proposed amendment to his answer, increasing petitioner's taxable income for 1961 in the identical amount by which petitioner's net operating loss for 1962 is increased, is not untimely or prejudicial and merely conforms the answer to the proof adduced at trial. Rule 17(d), Tax Court Rules of Practice. 2. Held, further, petitioner correctly reported the profits of two contracts in 1960. 3. Held, further, petitioner is not entitled to adjustments under sec. 481(b)(4), I.R.C. 1954, which are available to a taxpayer who has initiated a change in its method of accounting,…
1Opinion of the Court
supplemental opinion
Featherston, Judge:
Two issues wbicb were not considered in tbe original report on this case (53 T.C. 439), promulgated on December 23, 1969, have now arisen and must be decided: (1) Whether respondent’s motion to file an amended answer to conform tbe pleading to tbe proof should be granted; and (2) whether there is merit in petitioner’s objections to respondent’s computation for entry of decision. The principal questions under the second issue are (a) whether the profits from two contracts — those with International Harvester Co. and Progressive Wholesale Grocery — are…
2Cases cited5 opinions
- Robert A. Henningsen, and Cross and R.A. And Margaret Henningsen v. Commissioner of Internal Revenue, AndCourt of Appeals for the Fourth Circuit · 1957
- H. F. Campbell Co. v. CommissionerUnited States Tax Court · 1969
- Bos Lines, Inc., Transferee v. Commissioner of Internal Revenue, Bos Lines, Inc., Transferee of the Transferee v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1965
- Commissioner v. FinleyCourt of Appeals for the Tenth Circuit · 1959
- George D. Prather and Mable E. Prather v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1963
3Cited by12 opinions
- Gilberg v. CommissionerUnited States Tax Court · 1971
- Sara Lee Corp. & Subsidiaries v. United StatesUnited States Court of Federal Claims · 1993
- H. F. Campbell Company (Formerly H. F. Campbell Construction Company) v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1971
- Diebold, Inc. v. United StatesUnited States Court of Claims · 1989
- Estate of Levy v. CommissionerUnited States Tax Court · 1978
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