Legal Opinion

Eckert Packing Co. v. Commissioner

United States Board of Tax Appeals

Decided October 18, 1940No. Docket No. 92346Published

In its fiscal year ended October 31, 1935, petitioner accrued $46,622.72 as Federal processing tax under the Agricultural Adjustment Act, which it never paid to the collector of internal revenue. The processing tax was held invalid on January 6, 1936 (United States v. Butler,297 U.S. 1), and shortly thereafter the amount of processing tax in question was abated by the collector of internal revenue.

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In its fiscal year ended October 31, 1935, petitioner accrued $46,622.72 as Federal processing tax under the Agricultural Adjustment Act, which it never paid to the collector of internal revenue. The processing tax was held invalid on January 6, 1936 (United States v. Butler,297 U.S. 1), and shortly thereafter the amount of processing tax in question was abated by the collector of internal revenue. Held, that respondent correctly disallowed the deduction of the amount of processing tax in question on petitioner's corporation income and excess profits tax return for its fiscal year ended…

1Opinion of the Court

ECKERT PACKING COMPANY, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Eckert Packing Co. v. Commissioner

Docket No. 92346.

United States Board of Tax Appeals

42 B.T.A. 1000; 1940 BTA LEXIS 920;

October 18, 1940, Promulgated

In its fiscal year ended October 31, 1935, petitioner accrued $46,622.72 as Federal processing tax under the Agricultural Adjustment Act, which it never paid to the collector of internal revenue. The processing tax was held invalid on January 6, 1936 (United States v. Butler,297 U.S. 1), and shortly thereafter the amount of processing tax in question was abated by…

2Cases cited13 opinions

  1. United States v. ButlerSupreme Court of the United States · 1936
  2. Lewis v. ReynoldsSupreme Court of the United States · 1932
  3. Jemison v. CommissionerUnited States Board of Tax Appeals · 1929
  4. Producers' Fuel Co. v. CommissionerUnited States Board of Tax Appeals · 1924
  5. Brown v. CommissionerUnited States Board of Tax Appeals · 1928

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