HEARN DEPARTMENT STORES, INC. v. COMMISSIONER

Docket Nos. 25376, 29640.

23 T.C. 266 (1954)

HEARN DEPARTMENT STORES, INC., PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT

United States Tax Court.

Filed November 19, 1954.


Attorney(s) appearing for the Case

Milton D. Solomon, Esq., Max Perl, Esq., and David Alter, Esq., for the petitioner.

Arthur W. Wiener, Esq., for the respondent.


The respondent disallowed in full petitioner's applications for excess profits tax relief, under section 722 of the Internal Revenue Code of 1939, for the fiscal years ended January 31, 1941, through January 31, 1946. The issue is whether petitioner is entitled to excess profits tax relief under the provisions of section 722 (b) (2) or (b) (4).

The proceedings were heard by a commissioner of the Court, the proof consisting...

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