Fairmont Aluminum Co. v. Commissioner
United States Tax Court
1. In a prior decision this Court concluded that the taxpayer's proof, consisting solely of stipulated facts, was insufficient to establish error in the determination of the Commissioner.
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1. In a prior decision this Court concluded that the taxpayer's proof, consisting solely of stipulated facts, was insufficient to establish error in the determination of the Commissioner. Held, the prior decision was a decision "on the merits" that can serve to preclude relitigation of the identical issues arising in a determination of the taxpayer's liability for a later year. 2. Held, further, the addition of a provision to the Judicial Code in 1951 relating to the admissibility of secondary evidence in all courts of the United States was not, in the circumstances of this case, such a…
1Opinion of the Court
OPINION.
Raum, Judge:
This case involves petitioner’s excess profits taxes for 1945. In the earlier proceeding covering the years 1942, 1943, and 1944, there was presented for the year 1944 the identical question that is raised by the petitioner for 1945.
In substance, the crucial issue between the petitioner and the Commissioner, in both the present case and the prior case, relates to the basis of the assets owned by the petitioner which had formerly been owned by West Virginia Metal Products Corporation. In both the present case and the prior case, petitioner has taken the alternative…
2Cases cited50 opinions
- Commissioner v. SunnenSupreme Court of the United States · 1948
- Cromwell v. County of SacSupreme Court of the United States · 1877
- Tait v. Western Maryland Railway Co.Supreme Court of the United States · 1933
- United States v. International Building Co.Supreme Court of the United States · 1953
- United States v. MantonCourt of Appeals for the Second Circuit · 1938
45 more not listed; retrieve them via the Exa API.
3Cited by53 opinions
- William O'Dwyer and Sloan O'Dwyer v. Commissioner of Internal RevenueCourt of Appeals for the Fourth Circuit · 1959
- Arctic Ice Cream Co. v. CommissionerUnited States Tax Court · 1964
- Fairmont Aluminum Company v. Commissioner of Internal RevenueCourt of Appeals for the Fourth Circuit · 1955
- Seaboard Commercial Corp. v. CommissionerUnited States Tax Court · 1957
- Anthony v. CommissionerUnited States Tax Court · 1976
48 more not listed; retrieve them via the Exa API.