Phillips Petroleum Co. v. Commissioner
United States Tax Court
Respondent determined in his notice of deficiency that petitioner was not entitled to a claimed deduction for insurance premiums. Petitioner had previously paid Federal excise taxes under sec. 4371, I.R.C. 1954, on the payments, having claimed the deductions with respect to an insurance policy issued by a foreign insurer. In its petition, petitioner claimed an offset against the deficiencies for Federal excise taxes paid.
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Respondent determined in his notice of deficiency that petitioner was not entitled to a claimed deduction for insurance premiums. Petitioner had previously paid Federal excise taxes under sec. 4371, I.R.C. 1954, on the payments, having claimed the deductions with respect to an insurance policy issued by a foreign insurer. In its petition, petitioner claimed an offset against the deficiencies for Federal excise taxes paid. Held: This Court lacks jurisdiction to consider (1) whether petitioner is entitled to an overpayment of sec. 4371, I.R.C. 1954, excise taxes and (2) petitioner's claim under…
1Opinion of the Court
OPINION
Scott, Judge:
This case was heard by Special Trial Judge Peter J. Panuthos pursuant to the provisions of section 7443A of the Code.1 The Court agrees with and adopts the Special Trial Judge’s opinion, which is set forth below.
OPINION OF THE SPECIAL TRIAL JUDGE
PANUTHOS, Special Trial Judge:
This case came before the Court on respondent’s motion to dismiss for lack of jurisdiction and to strike as to Petitioner’s claim for refund, credit, or offset of Federal excise taxes allegedly paid pursuant to I.R.C. section 4371. The issue presented by respondent’s motion is whether petitioner is…
2Cases cited10 opinions
- Commissioner v. Gooch Milling & Elevator Co.Supreme Court of the United States · 1944
- Commissioner v. McCoySupreme Court of the United States · 1987
- Woods v. CommissionerUnited States Tax Court · 1989
- Breman v. CommissionerUnited States Tax Court · 1976
- Burns, Stix Friedman & Co. v. CommissionerUnited States Tax Court · 1971
5 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Cooper v. Comm'rUnited States Tax Court · 2010
- Saso v. CommissionerUnited States Tax Court · 1989
- Estate of Mueller v. Comm'rUnited States Tax Court · 1993
- Kasper v. CommissionerUnited States Tax Court · 2011
- Phillips Petroleum Co. v. CommissionerUnited States Tax Court · 1991
23 more not listed; retrieve them via the Exa API.