Legal Opinion
May Seed and Nursery Company v. Commissioner of Internal Revenue
Court of Appeals for the Eighth Circuit
Decided April 15, 1957No. 15518_1PublishedCited by 18 opinions
1Opinion of the Court
JOHNSEN, Circuit Judge.
The Commissioner of Internal Revenue refused to allow May Seed & Nursery Company, of Shenandoah, Iowa, to have the benefit, under 26 U.S.C.A., Int.Rev.Code of 1939, Excess Profits Taxes, § 710, for its fiscal year 1942, of an unused excess profits tax credit carryover, from its fiscal year 1941, based on a constructive average base period net income established in 1952 between the parties under § 722 of the Code. The result was a determination of deficiency against the taxpayer for the year 1942.
The ground of the Commissioner’s refusal was that no claim for the benefit…
2Cases cited6 opinions
- United States v. Memphis Cotton Oil Co.Supreme Court of the United States · 1933
- Angelus Milling Co. v. CommissionerSupreme Court of the United States · 1945
- Barry-Wehmiller Machinery Co. v. CommissionerUnited States Tax Court · 1953
- St. Louis Amusement Co. v. CommissionerUnited States Tax Court · 1954
- Wiener Machinery Co. v. CommissionerUnited States Tax Court · 1951
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Chock Full O' Nuts Corporation v. United StatesCourt of Appeals for the Second Circuit · 1971
- Standard Hosiery Mills, Inc. v. Commissioner of Internal RevenueCourt of Appeals for the Fourth Circuit · 1957
- Headline Publications, Inc. v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1959
- Headline Publications, Inc. v. CommissionerUnited States Tax Court · 1957
- May Broadcasting Company v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1962
13 more not listed; retrieve them via the Exa API.