Farmers Creamery Co. v. Commissioner
United States Tax Court
Denial of relief under section 722 sustained where petitioner failed to prove a change in the character of its business within section 722 (b) (4), and where it failed to establish that it would have realized substantially increased earnings if the events on which it relied had occurred 2 years earlier or that it was entitled to constructive earnings resulting in a larger excess profits tax credit than the credits it used under the invested capital method.
1Opinion of the Court
OPINION.
Kaum, J'udge:
Applications for excess profits tax relief under section 722 of the Internal Revenue Code,6 based on a “push-back” claim within subsection (.b) (4) thereof, were filed by petitioner for the calendar years 1942 through 1945. Eespondent denied these applications, and, on the record before us, we think his determination must be sustained, not only because petitioner has failed to prove a change in the character of its business within (b) (4), but also because it has not shown that its excess profits tax is excessive and discriminatory or that it is entitled to excess profits…
2Cases cited9 opinions
- Wichita Term. El. Co. v. Commissioner of Int. R.Court of Appeals for the Tenth Circuit · 1947
- Wisconsin Farmer Co. v. CommissionerUnited States Tax Court · 1950
- National Grinding Wheel Co. v. CommissionerUnited States Tax Court · 1947
- Stonhard Co. v. CommissionerUnited States Tax Court · 1949
- Pabst Air Conditioning Corp. v. CommissionerUnited States Tax Court · 1950
4 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Triangle Raincoat Co. v. CommissionerUnited States Tax Court · 1952
- West Flagler Amusement Co. v. CommissionerUnited States Tax Court · 1954
- M. W. Zack Metal Co. v. CommissionerUnited States Tax Court · 1954
- A. Finkl & Sons Co. v. CommissionerUnited States Tax Court · 1962
- Huttig Sash & Door Co. v. CommissionerUnited States Tax Court · 1955
37 more not listed; retrieve them via the Exa API.