Legal Opinion

Robinson Terminal Warehouse Corp. v. Commissioner

United States Tax Court

Decided March 31, 1953No. Docket Nos. 21051, 23480PublishedCited by 13 opinions

Petitioner filed applications for relief under section 722 of the Internal Revenue Code based on section 722 (b) (4) and (b) (5). The factors relied upon under section 722 (b) (4) are (1) a change in the character of the business consummated after December 31, 1939, as a result of a course of action to which it was committed prior to January 1, 1940; (2) a change in the character of the business during the base period, specifically, a difference in the capacity for…

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Petitioner filed applications for relief under section 722 of the Internal Revenue Code based on section 722 (b) (4) and (b) (5). The factors relied upon under section 722 (b) (4) are (1) a change in the character of the business consummated after December 31, 1939, as a result of a course of action to which it was committed prior to January 1, 1940; (2) a change in the character of the business during the base period, specifically, a difference in the capacity for operation; or (3) commencement of business in the base period. Held, fair and just amount representing average base period net…

1Opinion of the Court

OPINION.

Withey, Judge:

Petitioner seeks relief as provided in section 722 of the Internal Revenue Code in regard to its excess profits taxes for the fiscal years ending June 30, 1944, 1945, and 1946.

Petitioner contends it qualifies for relief under section 722 (a) and (b) (4)1 by reason of the following facts: (1) that a change in the character of the business was consummated after December 31, 1939, as a result of a course of action to which it was committed prior to January 1, 1940; (2) that there was a change in the character of the business during the base period, specifically, a…

2Cases cited1 opinion

  1. National Grinding Wheel Co. v. CommissionerUnited States Tax Court · 1947

3Cited by13 opinions

  1. Copco Steel & Engineering Co. v. CommissionerUnited States Tax Court · 1958
  2. Barth Smelting Corp. v. CommissionerUnited States Tax Court · 1958
  3. Columbia Broadcasting System, Inc. v. CommissionerUnited States Tax Court · 1959
  4. Simplicity Mfg. Co. v. CommissionerUnited States Tax Court · 1960
  5. Central Bag Co. v. CommissionerUnited States Tax Court · 1956

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