Lucky Lager Brewing Co. v. Commissioner
United States Tax Court
"Gross receipts," for purposes of the excess profits tax "growth formula" (sec. 435 (e) (1), I. R. C. 1939) held to include all amounts received or accrued from sales, not excluding those added to the sales price as reimbursement for beer excise taxes.
1Opinion of the Court
OPINION.
Opper, Judge :
Although a large part of the argument of the parties is occupied with an examination of the characteristics of the Federal and State tax on beer, we think the true issue requires a consideration primarily of the scope and purpose of the growth formula in the 1950 Excess Profits Tax Act.1
In place of the net taxable income test of the wartime excess profits tax law,2 the statutory approach adopted in 1950 was to determine growth by presumably objective tests,3 one of which was the size of the corporation’s “gross receipts.” The issue here is whether there should be…
2Cases cited12 opinions
- Indian Motocycle Co. v. United StatesSupreme Court of the United States · 1931
- Lash's Products Co. v. United StatesSupreme Court of the United States · 1929
- Western Lithograph Co. v. State Board of EqualizationCalifornia Supreme Court · 1938
- Wayne County Produce Co. v. Duffy-Mott Co.New York Court of Appeals · 1927
- Liggett & Myers Tobacco Co. v. United StatesSupreme Court of the United States · 1937
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3Cited by5 opinions
- Brown-Forman Corp. v. CommissionerUnited States Tax Court · 1990
- Kimble Glass Co. v. CommissionerUnited States Tax Court · 1961
- Brown-Forman Corp. v. CommissionerUnited States Tax Court · 1990
- Kimble Glass Co. v. CommissionerUnited States Tax Court · 1961
- Lucky Lager Brewing Co. v. CommissionerUnited States Tax Court · 1956