Legal Opinion

Campana Corp. v. Commissioner

United States Tax Court

Decided January 29, 1953No. Docket No. 29877Published

Petitioner, a manufacturer of cosmetics, paid a manufacturers' excise tax which was assessed on a distributor's selling price. In the determination of petitioner's excess profits tax credit for 1943 and 1944, held, on the facts, that excise taxes paid in the fiscal years 1937 and 1938 were not abnormal deductions, or deductions abnormal in class, under section 711(b)(1)(H) or (b)( 1)(J)(i) of the Internal Revenue Code.

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Petitioner, a manufacturer of cosmetics, paid a manufacturers' excise tax which was assessed on a distributor's selling price. In the determination of petitioner's excess profits tax credit for 1943 and 1944, held, on the facts, that excise taxes paid in the fiscal years 1937 and 1938 were not abnormal deductions, or deductions abnormal in class, under section 711(b)(1)(H) or (b)( 1)(J)(i) of the Internal Revenue Code. Held, further, that under the facts petitioner's payment of these taxes did not result in an accrual of income for petitioner in 1937 or 1938.

1Opinion of the Court

Campana Corporation, Petitioner, v. Commissioner of Internal Revenue, Respondent

Campana Corp. v. Commissioner

Docket No. 29877

United States Tax Court

19 T.C. 828; 1953 U.S. Tax Ct. LEXIS 243;

January 29, 1953, Promulgated

Decision will be entered for the respondent.

Petitioner, a manufacturer of cosmetics, paid a manufacturers' excise tax which was assessed on a distributor's selling price. In the determination of petitioner's excess profits tax credit for 1943 and 1944, held, on the facts, that excise taxes paid in the fiscal years 1937 and 1938 were not abnormal deductions, or deductions…

2Cases cited9 opinions

  1. Spring City Foundry Co. v. CommissionerSupreme Court of the United States · 1934
  2. United States v. Safety Car Heating & Lighting Co.Supreme Court of the United States · 1936
  3. F. W. Fitch Co. v. United StatesSupreme Court of the United States · 1945
  4. Campana Corporation v. HarrisonCourt of Appeals for the Seventh Circuit · 1940
  5. Campana Corporation v. HarrisonCourt of Appeals for the Seventh Circuit · 1943

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