Dayton Rubber Co. v. Commissioner
United States Tax Court
Petitioner was incorporated in 1905. For many years prior to its base period (fiscal years ended October 31, 1937, to October 31, 1940, inclusive) it manufactured tires and tubes, belts, rollers, and miscellaneous products under separate divisions. In 1938, it set up a new textile division. During the remainder of its base period it had an over-all net loss from textile.
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Petitioner was incorporated in 1905. For many years prior to its base period (fiscal years ended October 31, 1937, to October 31, 1940, inclusive) it manufactured tires and tubes, belts, rollers, and miscellaneous products under separate divisions. In 1938, it set up a new textile division. During the remainder of its base period it had an over-all net loss from textile. Its old business income for the last 2 years of its base period was greatly in excess of its income for the first 2 years. Parties agree that setting up textile was a change in the character of petitioner's business under…
1Opinion of the Court
OPINION.
Arundell, Judge:
These consolidated proceedings involve the total disallowance by respondent of petitioner’s applications for relief under section 722 of the Internal Eevenue Code of 1989, as amended. In these applications petitioner claims the refund of all the excess profits taxes it paid for certain taxable years, as follows:
Excess profits Docket No, Taxable year ended October SI tax paid
47294. 1941--- $93, 967. 33
53682.... 1942--- 561,945.47
53682_ 1944___ 681, 903. 06
53682. 1946_ 402, 041. 09
Petitioner paid no excess profits taxes for the taxable years ended October 31,1943, and…
2Cases cited6 opinions
- Homer Laughlin China Co. v. CommissionerUnited States Tax Court · 1946
- Stimson Mill Co. v. CommissionerUnited States Tax Court · 1946
- Stimson Mill Co. v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1947
- Dowd-Feder, Inc. v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1949
- Dowd-Feder, Inc. v. CommissionerUnited States Tax Court · 1948
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- The Dayton Rubber Company v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1957
- United States Rubber Co. v. CommissionerUnited States Tax Court · 1958
- Central Bag Co. v. CommissionerUnited States Tax Court · 1956
- Central Bag Co. v. CommissionerUnited States Tax Court · 1956
- Central Bag Co. v. CommissionerUnited States Tax Court · 1956
1 more not listed; retrieve them via the Exa API.