Legal Opinion

Emporium World Millinery Co. v. Commissioner

United States Tax Court

Decided April 30, 1959No. Docket No. 51169Published

Claim for excess profits tax relief under section 722(b)(2), I.R.C. 1939, held, properly denied where evidence fails to show to what extent, if any, petitioner's base period earnings from the operation of a chain of millinery shops were depressed because of a fashion style or fad of "hatlessness" in women's dress.

1Opinion of the Court

Emporium World Millinery Company, Petitioner, v. Commissioner of Internal Revenue, Respondent

Emporium World Millinery Co. v. Commissioner

Docket No. 51169

United States Tax Court

32 T.C. 292; 1959 U.S. Tax Ct. LEXIS 178;

April 30, 1959, Filed

Decision will be entered for the respondent.

Claim for excess profits tax relief under section 722(b)(2), I.R.C. 1939, held, properly denied where evidence fails to show to what extent, if any, petitioner's base period earnings from the operation of a chain of millinery shops were depressed because of a fashion style or fad of "hatlessness" in women's dress.

Fre…

2Cases cited10 opinions

  1. Lamar Creamery Co. v. CommissionerUnited States Tax Court · 1947
  2. Granite Constr. Co. v. CommissionerUnited States Tax Court · 1952
  3. Wadley Co. v. CommissionerUnited States Tax Court · 1951
  4. Packer Pub. Co. v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1954
  5. Brown Paper Mill Co. v. CommissionerUnited States Tax Court · 1954

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