Legal Opinion

Lockhart Creamery v. Commissioner

United States Tax Court

Decided January 8, 1952No. Docket No. 27237Published

1. Prior to January 1, 1938, petitioner was engaged in the business of manufacturing and selling butter, ice cream, and ice cream mix in the vicinity of Lockhart, Texas. On that date petitioner purchased a going milk processing plant in Austin, Texas.

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1. Prior to January 1, 1938, petitioner was engaged in the business of manufacturing and selling butter, ice cream, and ice cream mix in the vicinity of Lockhart, Texas. On that date petitioner purchased a going milk processing plant in Austin, Texas. Petitioner operated the business and it showed steady growth during 1938 and 1939. Held, petitioner changed the character of its business within the meaning of section 722 (b) (4) of the Internal Revenue Code; held, further, that petitioner was entitled to relief under section 722, and a constructive average base period net income has been…

1Opinion of the Court

Lockhart Creamery, Petitioner, v. Commissioner of Internal Revenue, Respondent

Lockhart Creamery v. Commissioner

Docket No. 27237

United States Tax Court

17 T.C. 1123; 1952 U.S. Tax Ct. LEXIS 298;

January 8, 1952, Promulgated

Decision will be entered under Rule 50.

1. Prior to January 1, 1938, petitioner was engaged in the business of manufacturing and selling butter, ice cream, and ice cream mix in the vicinity of Lockhart, Texas. On that date petitioner purchased a going milk processing plant in Austin, Texas. Petitioner operated the business and it showed steady growth during 1938 and 1939. Held,…

2Cases cited3 opinions

  1. Blum Folding Paper Box Co. v. CommissionerUnited States Tax Court · 1945
  2. East Texas Motor Freight Lines v. CommissionerUnited States Tax Court · 1946
  3. Lockhart Creamery v. CommissionerUnited States Tax Court · 1952

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