Midwest Motor Express, Inc. v. Commissioner
United States Tax Court
1. Petitioner is an accrual basis taxpayer whose motor carrier transportation system was taken possession of, controlled, and operated by the United States during 1944 and 1945. In 1948 Congress passed an Act creating a Motor Carrier Claims Commission to determine whether such operation constituted a "taking" for which just compensation was due under the Fifth Amendment to the Constitution and if so, the amount of such compensation.
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1. Petitioner is an accrual basis taxpayer whose motor carrier transportation system was taken possession of, controlled, and operated by the United States during 1944 and 1945. In 1948 Congress passed an Act creating a Motor Carrier Claims Commission to determine whether such operation constituted a "taking" for which just compensation was due under the Fifth Amendment to the Constitution and if so, the amount of such compensation. In 1952 the Commission decided a claim in petitioner's favor and an award to compensate petitioner for loss of market rental value was paid to petitioner. Held,…
1Opinion of the Court
OPINION.
Bettce, Judge:
Respondent determined a deficiency in petitioner’s income and excess profits taxes for the year 1952 in the amount of $25,770.51. In an answer to amendments to petition, filed May 20, 1955, respondent claimed an increase in deficiency from the above amount to $30,246.78. Certain adjustments made by respondent in his determination of the deficiency have not been contested. Also, several issues presented by the pleadings have been settled by stipulation of the parties or conceded on brief. Adjustments therefor will be made in a computation under Rule 50. The remaining…
2Cases cited36 opinions
- United States v. United Mine Workers of AmericaSupreme Court of the United States · 1947
- United States v. AndersonSupreme Court of the United States · 1926
- United States v. General Motors Corp.Supreme Court of the United States · 1945
- Lucas v. American Code Co.Supreme Court of the United States · 1930
- Boom Co. v. PattersonSupreme Court of the United States · 1879
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3Cited by21 opinions
- Commissioner v. Gillette Motor Transport, Inc.Supreme Court of the United States · 1960
- Boulez v. CommissionerUnited States Tax Court · 1981
- Graff v. CommissionerUnited States Tax Court · 1980
- Johnson v. CommissionerUnited States Tax Court · 2011
- Midwest Motor Express, Inc. v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1958
16 more not listed; retrieve them via the Exa API.