Legal Opinion

John Breuner Co. v. Commissioner of Internal Revenue

Court of Appeals for the Ninth Circuit

Decided February 6, 1950No. 12100_1PublishedCited by 3 opinions

1Opinion of the Court

MATHEWS, Circuit Judge.

Petitioner seeks reversal of a part of a decision of the Tax Court. The part sought to be reversed holds that there was a deficiency of $44,166.54 in respect of petitioner’s excess profits tax 1 for tire year ended January 31, 1943. Petitioner contends that, instead of a deficiency of $44,-166.54, there was an overpayment of $91,-637.06. The question presented is whether petitioner’s excess profits tax for the year ended January 31, 1943, was correctly computed by the Tax Court.

In computing that tax, it was necessary to compute petitioner’s adjusted excess profits net…

2Cases cited3 opinions

  1. Commissioner v. South Texas Lumber Co.Supreme Court of the United States · 1948
  2. KIMBRELL'S HOME FURNISH. v. Commissioner of Int. Rev.Court of Appeals for the Fourth Circuit · 1947
  3. Busch's Kredit Jewelry Co., Inc. v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1950

3Cited by3 opinions

  1. White Bros. Co. v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1950
  2. May, Stern & Co. v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1950
  3. Hart Furniture Company, Inc. v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1950

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