EVAN JONES COAL COMPANY v. COMMISSIONER

Docket No. 33374.

18 T.C. 96 (1952)

EVAN JONES COAL COMPANY, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

United States Tax Court.

Promulgated April 21, 1952.


Attorney(s) appearing for the Case

H. W. Haugland, Esq., for the petitioner.

John H. Pigg, Esq., for the respondent.


The Commissioner determined a deficiency in the excess profits tax of the petitioner of $15,788.56 for its fiscal year ended July 31, 1943 and one of $10,665.66 for its fiscal year ended July 31, 1944. The only issue for decision is whether use of the excess profits credit based upon invested capital to which the petitioner is entitled will result in lesser tax than if the credit based upon income is used.

FINDINGS OF FACT.

The petitioner was incorporated...

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