MALTINE COMPANY v. COMMISSIONER

Docket No. 6180.

5 T.C. 1265 (1945)

THE MALTINE COMPANY, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

United States Tax Court.

Promulgated December 19, 1945.


Attorney(s) appearing for the Case

Edward S. Bentley, Esq., for the petitioner.

Laurence F. Casey, Esq., for the respondent.


The Commissioner determined a deficiency in petitioner's excess profits tax for the calendar year 1942 in the amount of $49,394.43, resulting from his allowing to petitioner in the computation of this tax an average earning credit rather than the invested capital credit taken by petitioner in its return.

It is respondent's position that the only credit on account of invested capital which is available to petitioner is on account of capital invested by a predecessor...

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