General Retail Corporation v. Commissioner of Internal Revenue

Sixth Circuit

General Retail Corporation v. Commissioner of Internal Revenue

262 F.2d 591

CourtCourt of Appeals for the Sixth Circuit

DecidedJanuary 2, 1959

Docket13543_1

StatusPublished

This text of 262 F.2d 591 (General Retail Corporation v. Commissioner of Internal Revenue) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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General Retail Corporation v. Commissioner of Internal Revenue, 262 F.2d 591 (6th Cir. 1959).

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Opinion

PER CURIAM.

The sole issue on this appeal is whether the petitioner taxpayer is entitled to the preferential treatment accorded to new corporations by section 430(e) of the Internal Revenue Code of 1939, as added by section 501 of the Revenue Act of 1951, c. 521, 65 Stat. 452, 26 U.S.C.A. Excess Profits Taxes, § 430(e), relating to Korean War excess profits taxes. The -decision of this issue involves the construction and application of section 430 (e) and also sections 445(g), 26 U.S.C.A. Excess Profits Taxes, § 445(g), and 503, 26 U.S.C.A. § 503.

The Tax Court in a concise and convincing opinion by Judge Opper decided that the “clear statutory command” barred the taxpayer from such preferential tax treatment. 29 T.C. 632. We agree.

The decision of the Tax Court is affirmed.

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PER CURIAM.

The sole issue on this appeal is whether the petitioner taxpayer is entitled to the preferential treatment accorded to new corporations by section 430(e) of the Internal Revenue Code of 1939, as added by section 501 of the Revenue Act of 1951, c. 521, 65 Stat. 452, 26 U.S.C.A. Excess Profits Taxes, § 430(e), relating to Korean War excess profits taxes. The -decision of this issue involves the construction and application of section 430 (e) and also sections 445(g), 26 U.S.C.A. Excess Profits Taxes, § 445(g), and 503, 26 U.S.C.A. § 503.

The Tax Court in a concise and convincing opinion by Judge Opper decided that the “clear statutory command” barred the taxpayer from such preferential tax treatment. 29 T.C. 632. We agree.

The decision of the Tax Court is affirmed.

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262 F.2d 591, Counsel Stack Legal Research, https://law.counselstack.com/opinion/general-retail-corporation-v-commissioner-of-internal-revenue-ca6-1959.

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