Home/Sixth Circuit/Overland Corp. v. Commissioner of Internal Revenue

Overland Corp. v. Commissioner of Internal Revenue

316 F.2d 777
Court of Appeals for the Sixth Circuit·Decided May 7, 1963·No. Nos. 14673, 14674·Published·Cited by 1 cases

Opinion

STARR, Senior District Judge.

The Overland Corporation has petitioned for review of the decision of the Tax Court of the United States rendered April 10, 1961, 34 T.C. 1001, No. 105, denying its claims for relief and refund of certain excess profits taxes. The Commissioner of Internal Revenue has also petitioned for review of certain provisions of the Tax Court’s decision. The Tax Court’s finding's of fact, opinion, and decision were based upon the parties’ stipulation of facts.

Petitioner Overland, known since 1953 as the Overland Corporation, was organized as Willys-Overland Motors, Inc., under the laws of the State of Delaware in 1936, and it was one of two corporations created pursuant to the plan of reorganization of The Willys-Overland Company and Willys-Overland, Incorporated. Substantially all of the business of Overland Corporation and its predecessors consisted of the manufacture and sale of automobiles and automobile parts. Its principal place of business and factories were located in Toledo, Ohio. Overland filed income and excess profits tax returns for the fiscal years ending September 30, 1942 to 1945, inclusive, with the Collector of Internal Revenue at Toledo, Ohio. According to the Tax Court’s findings of fact Overland’s net liability for excess profits taxes for the fiscal years ending September 30, 1942 to 1945, inclusive, as shown by its returns and as assessed by the Commissioner of Internal Revenue, was paid by Overland as follows:

Fiscal year 1942 ....$ 5,708,109.61

Fiscal year 1943 .... 12,659,678.34

Fiscal year 1944 .... 16,608,921.05

Fiscal year 1945 .... 12,568,937.72

According to the Tax Court’s findings of fact Overland filed applications for relief and claims for refund of excess profits taxes as follows:

[779]

Free access — add to your briefcase to read the full text and ask questions with AI

Overland Corp. v. Commissioner of Internal Revenue, 316 F.2d 777 (6th Cir. 1963).

316 F.2d 777 (Overland Corp. v. Commissioner of Internal Revenue) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

The Overland Corporation (Formerly Willys-Overland Motors, Inc.) v. Commissioner of Internal Revenue, Commissioner of Internal Revenue v. The Overland Corporation (Formerly Willys-Overland Motors, Inc.)
316 F.2d 777 (Sixth Circuit, 1963)