Legal Opinion

Democrat Publishing Co. v. Commissioner

United States Tax Court

Decided May 31, 1956No. Docket Nos. 32611, 32612PublishedCited by 1 opinion

Excess Profits Tax Relief Under Sec. 722 (b) (2) and (b) (5) -- Competition in the Newspaper Business. -- Petitioners, the publishers of daily newspapers at Davenport, Iowa, are not entitled to relief even if their base period earnings were less than they might have been but for the competition from a third daily paper which was published at Davenport during a portion of the base period, since such competition does not bring the case within section 722 (b) (2). Constitution…

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Excess Profits Tax Relief Under Sec. 722 (b) (2) and (b) (5) -- Competition in the Newspaper Business. -- Petitioners, the publishers of daily newspapers at Davenport, Iowa, are not entitled to relief even if their base period earnings were less than they might have been but for the competition from a third daily paper which was published at Davenport during a portion of the base period, since such competition does not bring the case within section 722 (b) (2). Constitution Publishing Co., 23 T. C. 19.

1Opinion of the Court

OPINION.

MuRdock, Judge:

The contention of the petitioners is that the entry of the Tri-City Star in the daily newspaper field in the Davenport, Iowa, area in 1935, and its competition during 1936 and until it ceased publication in March 1937,. depressed the base period earnings of the petitioner by obtaining some of their advertising and circulation, by causing an increase in their operating expenses, and by preventing them from increasing their subscription rates at a time when otherwise they should and would have increased those rates. They further contend that the competition was unfair,…

2Cases cited2 opinions

  1. Lamar Creamery Co. v. CommissionerUnited States Tax Court · 1947
  2. Constitution Publishing Co. v. CommissionerUnited States Tax Court · 1954

3Cited by1 opinion

  1. Democrat Publishing Co. v. CommissionerUnited States Tax Court · 1956

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