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AINSWORTH MANUFACTURING CORPORATION v. COMMISSIONER

Docket No. 25767.

24 T.C. 173 (1955)

AINSWORTH MANUFACTURING CORPORATION, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

United States Tax Court.

Filed May 6, 1955.

Attorney(s) appearing for the Case

Robert S. Marx, Esq., Lawrence I. Levi, Esq., and Herbert N. Weingarten, Esq., for the petitioner.

William T. Holloran, Esq., for the respondent.

OPINION.

MURDOCK, Judge:

The parties filed computations under Rule 50 at this docket number pursuant to the Findings of Fact and Opinion at 23 T.C. 372. They are in accord as to the years 1942, 1943, and 1944 but they disagree as to 1941. The Commissioner in his computation computed the excess profits credit for 1940 on the basis of actual average base period net income and carried over to 1941 the unused portion thereof...

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