EITEL-McCULLOUGH, INC. v. COMMISSIONER

Docket No. 10001.

9 T.C. 1132 (1947)

EITEL-McCULLOUGH, INC., PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

United States Tax Court.

Promulgated December 17, 1947.


Attorney(s) appearing for the Case

Edward Hale Julien, Esq., for the petitioner.

W. J. McFarland, Esq., and Ralph A. Gilchrist, Esq., for the respondent.


The Commissioner determined deficiencies in excess profits tax of $132,190.90 and $191,695.64 for 1941 and 1942. The questions involved are: (1) Whether the petitioner is entitled to relief under section 721 because of abnormal net income of the class described in section 721 (a) (2) (C) attributable to prior years, and (2) whether the amounts paid as certain officers' salaries in 1941 and 1942 were excessive.

FINDINGS OF FACT.

The petitioner was incorporated...

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