FAIRFAX MUTUAL WOOD PRODUCTS COMPANY v. COMMISSIONER

Docket No. 7784.

5 T.C. 1279 (1945)

FAIRFAX MUTUAL WOOD PRODUCTS COMPANY, FAIRFAX, SOUTH CAROLINA, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

United States Tax Court.

Promulgated December 19, 1945.


Attorney(s) appearing for the Case

George Warren, Esq., and J. W. Hunt, C. P. A., for the petitioner.

F. L. Van Haaften, Esq., for the respondent.


This proceeding involves a deficiency in excess profits taxes for the calendar year 1941 in the amount of $819.92, and a delinquency penalty of $204.98.

The main issue is whether the petitioner is a personal service corporation as defined by section 725 (a), Internal Revenue Code, and thus entitled to the election provided for by section 725 (b), under which it may be exempt from excess profits tax. If not a personal service corporation, the further question arises...

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