Fain Drilling Co. v. Commissioner
United States Tax Court
1. Jurisdiction -- Refund Claim -- Excess Profits Tax -- Section 732. -- Disallowance of a claim for refund under 713 (f) gives the Court jurisdiction where the disallowance relates to the application of section 711 (b) (1) (I) and (K), relating to abnormalities. 2. Excess Profits Tax -- Sections 713 (f) and 711 (b) (1) (I). -- The provisions of 711 (b) (1) (I) may not be used to deny the benefits of 713 (f) as applied without considering 711 (b) (1 (I), regardless of which…
Read the full summary
1. Jurisdiction -- Refund Claim -- Excess Profits Tax -- Section 732. -- Disallowance of a claim for refund under 713 (f) gives the Court jurisdiction where the disallowance relates to the application of section 711 (b) (1) (I) and (K), relating to abnormalities. 2. Excess Profits Tax -- Sections 713 (f) and 711 (b) (1) (I). -- The provisions of 711 (b) (1) (I) may not be used to deny the benefits of 713 (f) as applied without considering 711 (b) (1 (I), regardless of which party first referred to 711 (b) (1) (I). Colson Corporation, 5 T. C. 1035 followed.
1Opinion of the Court
OPINION.
Murdock, Judge:
This proceeding is based upon a notice from the Commissioner of the rejection of a claim for refund. The facts have been stipulated. The notice of rejection is in part as follows: “In accordance with the requirement of Section 732 of the Internal Revenue Code notice is hereby given of the disallowance of your claim for refund requesting the application of Section 711 (b) (1) (k) (ii) tiled June 30,1944.” The statement attached to the notice of disallowance contains the following:
After consideration of your claim under Section 711 (b) (1) (k) (ii) it has been held that…
2Cases cited1 opinion
- Colson Corp. v. CommissionerUnited States Tax Court · 1945
3Cited by5 opinions
- United States v. William J. HardyCourt of Appeals for the Fourth Circuit · 1962
- A. Teichert & Son, Inc. v. CommissionerUnited States Tax Court · 1952
- Welch Grape Juice Co. v. CommissionerUnited States Tax Court · 1947
- Fain Drilling Co. v. CommissionerUnited States Tax Court · 1947
- Welch Grape Juice Co. v. CommissionerUnited States Tax Court · 1947