Legal Opinion

Three States Lumber Co. v. Commissioner of Int. Rev.

Court of Appeals for the Seventh Circuit

Decided November 26, 1946No. 9065PublishedCited by 22 opinions

1Opinion of the Court

LINDLEY, District Judge.

The Commissioner of Internal Revenue declared a deficiency in petitioner’s excess profits tax for the calendar .year 1941, upon the basis that certain gains realized by petitioner constituted ordinary income subject to excess profits tax instead of gains from sales of capital assets held for more than eighteen months which .are expressly excluded from excess profits tax. The taxpayer petitioned for redetermination by the Tax Court and that court entered an order sustaining the Commissioner. The taxpayer now petitions for a review of that order.

At the outset we are…

2Cases cited4 opinions

  1. Dobson v. CommissionerSupreme Court of the United States · 1944
  2. Trust Under the Will of Bingham v. CommissionerSupreme Court of the United States · 1945
  3. John Kelley Co. v. CommissionerSupreme Court of the United States · 1946
  4. Commissioner v. Scottish American Investment Co.Supreme Court of the United States · 1945

3Cited by22 opinions

  1. Grace Bros. v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1949
  2. Louis Greenspon v. Commissioner of Internal Revenue, (Three Cases). Anna Greenspon v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1956
  3. Chandler v. United StatesCourt of Appeals for the Seventh Circuit · 1955
  4. Milton S. Yunker and Leonna S. Yunker (Husband and Wife) v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1958
  5. Commissioner of Internal Revenue v. Rollins Burdick Hunter Co.Court of Appeals for the Seventh Circuit · 1949

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