West Flagler Amusement Co. v. Commissioner
United States Tax Court
Petitioner seeks relief under section 722 of the Code based on section 722 (b) (4). Held, petitioner has not established the grounds for relief under section 722 (b) (4), and the Commissioner's determination is sustained; held, further, that a motion of the respondent to amend his answer is untimely, and even though the motion were to be granted, the proposed amended answer raises a "standard issue" which this Court has no jurisdiction to consider.
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Petitioner seeks relief under section 722 of the Code based on section 722 (b) (4). Held, petitioner has not established the grounds for relief under section 722 (b) (4), and the Commissioner's determination is sustained; held, further, that a motion of the respondent to amend his answer is untimely, and even though the motion were to be granted, the proposed amended answer raises a "standard issue" which this Court has no jurisdiction to consider. Mutual Lumber Co., 16 T. C. 370, and Martin Weiner Corp., 21 T. C. 470, followed.
1Opinion of the Court
OPINION.
Harron, Judge:
Petitioner contends that its average base period net income is an inadequate standard of normal earnings because, it alleges, it commenced business and changed the character of its business immediately prior to and during the base period within the meaning of section 722 (b) (4) of the Internal Kevenue Code. Petitioner claims that it qualifies for relief from excess profits tax under section 722, and that by use of the so-called “push-back” rule, its constructive average base period net income amounts to at least $315,000.
The taxable years involved are the fiscal years…
Also in this document: Dissent.
2Cases cited16 opinions
- Lamar Creamery Co. v. CommissionerUnited States Tax Court · 1947
- Monarch Cap Screw & Mfg. Co. v. CommissionerUnited States Tax Court · 1945
- Wisconsin Farmer Co. v. CommissionerUnited States Tax Court · 1950
- Avey Drilling Machine Co. v. CommissionerUnited States Tax Court · 1951
- East Texas Motor Freight Lines v. CommissionerUnited States Tax Court · 1946
11 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Commissioner of Internal Revenue v. Pittsburgh & Weirton Bus CompanyCourt of Appeals for the Fourth Circuit · 1955
- Martin Weiner Corporation (Formerly Wohl Fabrics Co.) v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1955
- Willys-Overland Motors, Inc. v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1955
- Overland Corp. v. CommissionerUnited States Tax Court · 1960
- Pittsburgh & Weirton Bus Co. v. CommissionerUnited States Tax Court · 1954
22 more not listed; retrieve them via the Exa API.