Legal Opinion

Benson Hotel Corp. v. Commissioner

United States Tax Court

Decided September 14, 1961No. Docket No. 42685Published

Petitioner is conceded by respondent to be qualified for relief under section 722(b)(4), I.R.C. 1939, from excess profits taxes because of a change in the character of its business resulting from the sale of a small hotel and purchase of a larger hotel during the base period.

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Petitioner is conceded by respondent to be qualified for relief under section 722(b)(4), I.R.C. 1939, from excess profits taxes because of a change in the character of its business resulting from the sale of a small hotel and purchase of a larger hotel during the base period. The relief granted by the Commissioner held to be inadequate and a constructive average base period net income was determined for each of petitioner's fiscal years ended May 31, 1942, through May 31, 1946. The variable credit rule is applied to determine a constructive average base period net income for petitioner's…

1Opinion of the Court

Benson Hotel Corporation, Petitioner, v. Commissioner of Internal Revenue, Respondent

Benson Hotel Corp. v. Commissioner

Docket No. 42685

United States Tax Court

36 T.C. 997; 1961 U.S. Tax Ct. LEXIS 76;

September 14, 1961, Filed

Decision will be entered under Rule 50.

Petitioner is conceded by respondent to be qualified for relief under section 722(b)(4), I.R.C. 1939, from excess profits taxes because of a change in the character of its business resulting from the sale of a small hotel and purchase of a larger hotel during the base period. The relief granted by the Commissioner held to be inadequate…

2Cases cited2 opinions

  1. Superior Valve & Fittings Co. v. CommissionerUnited States Tax Court · 1952
  2. Benson Hotel Corp. v. CommissionerUnited States Tax Court · 1961

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