Air Preheater Corp. v. Commissioner
United States Tax Court
Sec. 722(b)(4) -- Change in Character of Business -- Change in Product -- Sec. 711(b)(1)(J) -- Abnormal Deductions in Base Period. -- Held, the petitioner's alteration of its product was an improvement, and not a change in product within the meaning of sec. 722(b) (4). Held, further, the excess in the management fee paid by the petitioner in 1937 may not be disallowed as a deduction under sec. 711(b)(1)(J).
1Opinion of the Court
Tietjens, Judge:
The petitioner asks for a redetermination of the respondent’s denial of relief sought pursuant to section 722 of the Internal Revenue Code of 1939 from excessive and discriminatory excess profits taxes for the years 1940 to 1945, inclusive. Relief is claimed under the provisions of section 722 (b) (4) and also under section 711(b) (1) (J) and (K).
The petitioner’s excess profits tax returns for the taxable years were filed with the collector of internal revenue for the third district of New York.
FINDINGS OF FACT.
Some of the facts are stipulated and the stipulation of facts and…
2Cases cited7 opinions
- Avey Drilling Machine Co. v. CommissionerUnited States Tax Court · 1951
- 7-Up Ft. Worth Co. v. CommissionerUnited States Tax Court · 1947
- Pelton & Crane Co. v. CommissionerUnited States Tax Court · 1953
- Charis Corp. v. CommissionerUnited States Tax Court · 1954
- Robertson Factories, Inc. v. CommissionerUnited States Tax Court · 1959
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Orangeburg Mfg. Co. v. CommissionerUnited States Tax Court · 1961
- Connecticut Light & Power Co. v. CommissionerUnited States Tax Court · 1963
- Air Preheater Corp. v. CommissionerUnited States Tax Court · 1961
- Connecticut Light & Power Co. v. CommissionerUnited States Tax Court · 1963
- Connecticut Light & Power Co. v. CommissionerUnited States Tax Court · 1963
1 more not listed; retrieve them via the Exa API.