Claremont Waste Mfg. Co. v. Commissioner
United States Tax Court
Respondent issued a notice of deficiency with respect to income and excess profits taxes for 1941 after petitioner filed its 1942 return disclosing an unused excess profits tax credit. Thereafter, petitioner filed an application with respondent for relief under section 722, I. R. C. 1939, and a petition with the Tax Court based on the 1941 deficiency notice.
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Respondent issued a notice of deficiency with respect to income and excess profits taxes for 1941 after petitioner filed its 1942 return disclosing an unused excess profits tax credit. Thereafter, petitioner filed an application with respondent for relief under section 722, I. R. C. 1939, and a petition with the Tax Court based on the 1941 deficiency notice. A Memorandum Opinion relating to 1941 taxes was subsequently filed by the Tax Court and a final decision was entered therein. No adjustment was made or requested with respect to the carry-back. Thereafter, petitioner filed a claim for…
1Opinion of the Court
OPINION.
Fisher, Judge:
Respondent determined a deficiency in petitioner’s income tax for 1941 in the amount of $585.26 and an overassessment of excess profits tax for that year in the amount of $1,887.99. Petitioner had filed both (1) a claim for refund of 1941 taxes based on a carry-back of an excess profits tax credit unused in 1942 and (2) an application for relief under section 722 of the Internal Revenue Code of 1939. Respondent’s determination denied all of the former and part of the latter. The sole issue now remaining is whether petitioner’s claim for refund was timely filed within the…
2Cases cited5 opinions
- Mutual Lumber Co. v. CommissionerUnited States Tax Court · 1951
- Elbert v. JohnsonCourt of Appeals for the Second Circuit · 1947
- Moir v. United StatesCourt of Appeals for the First Circuit · 1945
- Bear Mill Mfg. Co. v. United StatesDistrict Court, S.D. New York · 1950
- Byron Weston Co. v. United StatesUnited States Court of Claims · 1950
3Cited by5 opinions
- Wilmington Gasoline Corp. v. CommissionerUnited States Tax Court · 1956
- Claremont Waste Manufacturing Company v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1956
- Brad Foote Gear Works, Inc. v. United StatesUnited States Court of Claims · 1961
- Claremont Waste Mfg. Co. v. CommissionerUnited States Tax Court · 1955
- Wilmington Gasoline Corp. v. CommissionerUnited States Tax Court · 1956