Legal Opinion

Houston Textile Co. v. Commissioner of Internal Revenue

Court of Appeals for the Fifth Circuit

Decided March 17, 1949No. 12506PublishedCited by 4 opinions

1Opinion of the Court

HUTCHESON, Circuit Judge.

This petition brings up for solution one of those difficult jigsaw tax law puzzles all too common in the present deplorable crazy quilt patchwork state of the Internal Revenue laws. Of this one we think it may be truly said, “This kind cometh not out save by fasting and by prayer”.

Broadly stated, the question for decision here concerns the adjusted excess profits net income credit to be allowed petitioner under Sec. 26(e)', as computed under Sec. 711(a) (3) (B), I.R.C. 26 U.S.C.A. §§ 26, 711(a) (3) (B), for a short tax year of three months.

More narrowly stated, it is…

2Cases cited3 opinions

  1. Commissioner v. South Texas Lumber Co.Supreme Court of the United States · 1948
  2. Fawcus MacHine Co. v. United StatesSupreme Court of the United States · 1931
  3. Houston Textile Co. v. CommissionerUnited States Tax Court · 1948

3Cited by4 opinions

  1. Edmondson v. Allen-Russell Ford, Inc.Court of Appeals for the Fifth Circuit · 1978
  2. United States v. LykesCourt of Appeals for the Fifth Circuit · 1951
  3. Commissioner of Internal Revenue v. Community Public Service CoCourt of Appeals for the Fifth Circuit · 1950
  4. Mandell Shimberg, Jr. And Elaine F. Shimberg v. United StatesCourt of Appeals for the Fifth Circuit · 1978

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