Legal Opinion

The Electric Materials Company v. Commissioner of Internal Revenue

Court of Appeals for the Third Circuit

Decided April 5, 1957No. 12106_1PublishedCited by 4 opinions

1Opinion of the Court

GOODRICH, Circuit Judge.

This is an excess profits tax case arising under the “Korean” statute of 1950. The precise question involved is whether the taxpayer has met the burdens imposed upon it by Section 433(b) (10) (C), 26 U.S.C. Excess Profits Taxes, § 433(b) (10) (C). The statutory language is as follows:

“Deductions of any class shall not be disallowed under such paragraph unless the taxpayer establishes that the increase in such deductions—
“(i) is not a cause or a consequence of an increase in the gross income of the taxpayer in its base period or a decrease in the amount of some other…

2Cases cited12 opinions

  1. Corn Products Refining Co. v. CommissionerSupreme Court of the United States · 1956
  2. Nathan D. Goldberg and S. E. Wood, Jr. v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1955
  3. Matter of Willis C. Pioch, Bankrupt, Willis C. PiochCourt of Appeals for the Third Circuit · 1956
  4. William Leveen Corp. v. CommissionerUnited States Tax Court · 1944
  5. Curtis Company (Formerly Curtis Engineering Company) v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1956

7 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. In Re Mid-Center Redevelopment Corp.District Court, D. New Jersey · 1974
  2. Gaden v. GardnerDistrict Court, D. South Carolina · 1967
  3. Gray v. GardnerDistrict Court, D. South Carolina · 1966
  4. Miller v. RibicoffDistrict Court, E.D. Pennsylvania · 1962

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