GREEN LUMBER CO. v. COMMISSIONER

Docket No. 33248.

32 T.C. 1050 (1959)

THE GREEN LUMBER COMPANY, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

United States Tax Court.

Filed August 13, 1959.


Attorney(s) appearing for the Case

Carl J. Batter, Esq., for the petitioner.

Arnold I. Weber, Esq., and Donald W. Geerhart, Esq., for the respondent.


FORRESTER, Judge:

Respondent has disallowed claims filed by petitioner seeking relief under section 722 of the Internal Revenue Code of 1939 in respect of excess profits taxes for the calendar years 1940, 1941, and 1942. The sole issue is whether respondent erred in denying to petitioner a constructive average base period net income resulting in the relief sought.

FINDINGS OF FACT.

The stipulated...

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