Legal Opinion

Interstate Milling Co. v. Commissioner

United States Tax Court

Decided August 13, 1959No. Docket No. 27955PublishedCited by 5 opinions

Claims for excess profits tax relief under section 722(b)(2) of the Internal Revenue Code of 1939 denied upon failure of proof that the business of the petitioner was depressed in the base period because of temporary economic circumstances unusual in the case of the petitioner.

1Opinion of the Court

Atkins, Judge:

The respondent disallowed the petitioner’s applications for relief under section 722 of the Internal Revenue Code of 1939, for the calendar years 1942,1943,1944, and 1945, and the related claims for refund. The petitioner seeks refund of excess profits taxes for those years in the respective amounts of $7,665.15, $52,346.11, $16,678.11, and $26,897.09. The petitioner at the hearing limited its claim to the ground that its business was depressed during the base period because of temporary economic circumstances unusual in its case, within the meaning of section 722(b) (2).

FINDINGS…

2Cases cited9 opinions

  1. Lamar Creamery Co. v. CommissionerUnited States Tax Court · 1947
  2. East Texas Motor Freight Lines v. CommissionerUnited States Tax Court · 1946
  3. Harlan Bourbon & Wine Co. v. CommissionerUnited States Tax Court · 1950
  4. Ainsworth Mfg. Corp. v. CommissionerUnited States Tax Court · 1954
  5. Brown Paper Mill Co. v. CommissionerUnited States Tax Court · 1954

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3Cited by5 opinions

  1. Orangeburg Mfg. Co. v. CommissionerUnited States Tax Court · 1961
  2. United States Steel Corp. v. United StatesDistrict Court, S.D. New York · 1969
  3. United States Steel Corp. v. United StatesDistrict Court, S.D. New York · 1969
  4. Interstate Milling Co. v. CommissionerUnited States Tax Court · 1959
  5. Orangeburg Mfg. Co. v. CommissionerUnited States Tax Court · 1961

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