Legal Opinion

Equinox Mill v. Commissioner

United States Tax Court

Decided January 31, 1951No. Docket No. 22706Published

In 1943, the petitioner entered into a final renegotiation agreement in which it was agreed that it realized excessive profits in 1942 in the amount of $ 260,000. Pursuant to Section 3806 (b) (1), I. R. C., it became entitled to an excess profits tax credit in the amount of $ 188,273.56, and paid the difference, $ 71,726.44, in cash to the United States in 1943. Thereafter, upon the enactment of the Revenue Act of 1943, which added "(i) (3)" to the Renegotiation Act,…

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In 1943, the petitioner entered into a final renegotiation agreement in which it was agreed that it realized excessive profits in 1942 in the amount of $ 260,000. Pursuant to Section 3806 (b) (1), I. R. C., it became entitled to an excess profits tax credit in the amount of $ 188,273.56, and paid the difference, $ 71,726.44, in cash to the United States in 1943. Thereafter, upon the enactment of the Revenue Act of 1943, which added "(i) (3)" to the Renegotiation Act, petitioner acquired the right to a refund because a certain increase in value of excess inventory had been included in its…

1Opinion of the Court

Equinox Mill, Petitioner, v. Commissioner of Internal Revenue, Respondent

Equinox Mill v. Commissioner

Docket No. 22706

United States Tax Court

16 T.C. 267; 1951 U.S. Tax Ct. LEXIS 289;

January 31, 1951, Promulgated

Decision will be entered under Rule 50.

In 1943, the petitioner entered into a final renegotiation agreement in which it was agreed that it realized excessive profits in 1942 in the amount of $ 260,000. Pursuant to Section 3806 (b) (1), I. R. C., it became entitled to an excess profits tax credit in the amount of $ 188,273.56, and paid the difference, $ 71,726.44, in cash to the United…

2Cases cited5 opinions

  1. Burnet v. Sanford & Brooks Co.Supreme Court of the United States · 1931
  2. Security Flour Mills Co. v. CommissionerSupreme Court of the United States · 1944
  3. Dixie Pine Products Co. v. CommissionerSupreme Court of the United States · 1944
  4. Baltimore Foundry & Machine Corp. v. CommissionerUnited States Tax Court · 1946
  5. Equinox Mill v. CommissionerUnited States Tax Court · 1951

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