Legal Opinion

Guest v. Commissioner

United States Tax Court

Decided April 30, 1948No. Docket No. 12213PublishedCited by 9 opinions

In computing 90 per cent victory tax limitation on taxes "imposed by" chapter 1 under Internal Revenue Code, section 456, held addition to 1943 tax liability of 25 per cent of 1942 tax is not affected as being "imposed by" section 6 of Current Tax Payment Act and not by chapter 1.

1Opinion of the Court

OPINION.

Opper, Judge-.

Respondent determined a deficiency in income and victory tax liability for the year 1943 in the amount of $18,883.17.

The sole litigated question is whether in computing the victory tax limitation in section 456 of the Internal Revenue Code, chapter 1 tax for 1943 includes the increase in tax for that year occasioned by section 6 (a) of the Current Tax Payment Act of 1943.

All of the facts have been incorporated in a stipulation of facts which are hereby found accordingly, as follows:

1. The petitioner is an individual who resides in Palm Beach, Florida. The petitioner’s…

2Cases cited3 opinions

  1. Fleming v. Mohawk Wrecking & Lumber Co.Supreme Court of the United States · 1947
  2. Carpenter v. CommissionerUnited States Tax Court · 1948
  3. Knox v. CommissionerUnited States Tax Court · 1948

3Cited by9 opinions

  1. Marx v. CommissionerUnited States Tax Court · 1949
  2. Gagne v. CommissionerUnited States Tax Court · 1951
  3. United States v. TourtellotDistrict Court, M.D. North Carolina · 2012
  4. McKenna v. GrangerDistrict Court, W.D. Pennsylvania · 1953
  5. Gagne v. CommissionerUnited States Tax Court · 1951

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API