Legal Opinion

Industrial Yarn Corp. v. Commissioner

United States Tax Court

Decided April 19, 1949No. Docket No. 11742Published

The petitioner, as to 1941, filed applications for relief under section 722, stating that the excess profits tax had been paid, when in fact it was paid later. As to 1942 a part had been paid, the rest being paid later. The applications were considered and decided on the merits, and notice of disallowance was issued, stating on its face that it was given in accordance with the provisions of section 732, Internal Revenue Code.

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The petitioner, as to 1941, filed applications for relief under section 722, stating that the excess profits tax had been paid, when in fact it was paid later. As to 1942 a part had been paid, the rest being paid later. The applications were considered and decided on the merits, and notice of disallowance was issued, stating on its face that it was given in accordance with the provisions of section 732, Internal Revenue Code. Held, the Court has jurisdiction under section 732.

1Opinion of the Court

Industrial Yarn Corporation, Petitioner, v. Commissioner of Internal Revenue, Respondent

Industrial Yarn Corp. v. Commissioner

Docket No. 11742

United States Tax Court

12 T.C. 589; 1949 U.S. Tax Ct. LEXIS 225;

April 19, 1949, Promulgated

The petitioner, as to 1941, filed applications for relief under section 722, stating that the excess profits tax had been paid, when in fact it was paid later. As to 1942 a part had been paid, the rest being paid later. The applications were considered and decided on the merits, and notice of disallowance was issued, stating on its face that it was given in…

Also in this document: Concurrence.

2Cases cited4 opinions

  1. United States v. KalesSupreme Court of the United States · 1941
  2. Angelus Milling Co. v. CommissionerSupreme Court of the United States · 1945
  3. American Coast Line, Inc. v. CommissionerUnited States Tax Court · 1946
  4. Industrial Yarn Corp. v. CommissionerUnited States Tax Court · 1949

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