Campana Corp. v. Commissioner
United States Tax Court
Petitioner, a manufacturer of cosmetics, paid a manufacturers' excise tax which was assessed on a distributor's selling price. In the determination of petitioner's excess profits tax credit for 1943 and 1944, held, on the facts, that excise taxes paid in the fiscal years 1937 and 1938 were not abnormal deductions, or deductions abnormal in class, under section 711(b)(1)(H) or (b)( 1)(J)(i) of the Internal Revenue Code.
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Petitioner, a manufacturer of cosmetics, paid a manufacturers' excise tax which was assessed on a distributor's selling price. In the determination of petitioner's excess profits tax credit for 1943 and 1944, held, on the facts, that excise taxes paid in the fiscal years 1937 and 1938 were not abnormal deductions, or deductions abnormal in class, under section 711(b)(1)(H) or (b)( 1)(J)(i) of the Internal Revenue Code. Held, further, that under the facts petitioner's payment of these taxes did not result in an accrual of income for petitioner in 1937 or 1938.
1Opinion of the Court
OPINION.
Johnson, Judge:
The basic issue involved in this proceeding is the amount of petitioner’s excess profits tax credit for the fiscal years 1943 and 1944. The issue arises from the question of the proper treatment to be accorded certain items of manufacturers’ excise taxes which petitioner paid in the fiscal years 1937 and 1938.
A brief resume of the facts will be proper:
Issue 1.
The Revenue Act of 1932 imposed an excise tax upon cosmetics and toilet preparations in the amount of 10 per cent of the price for which these items were sold by the manufacturer. From the time this tax was first…
2Cases cited6 opinions
- Spring City Foundry Co. v. CommissionerSupreme Court of the United States · 1934
- United States v. Safety Car Heating & Lighting Co.Supreme Court of the United States · 1936
- Campana Corporation v. HarrisonCourt of Appeals for the Seventh Circuit · 1940
- Harbor Plywood Corp. v. CommissionerUnited States Tax Court · 1950
- Jamaica Water Supply Co. v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1942
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Campana Corp. v. CommissionerUnited States Tax Court · 1953