Breeze Corps. v. Commissioner

Decided March 8, 1951

United States Tax Court · decided 1951-03-08

The petitioner filed claim for relief as to excess profits taxes under section 721 (a) (2) (C) of the Internal Revenue Code, on the ground that income for 1941 was abnormal in amount. Held: claim denied for the reason that the claimed net abnormal income for 1941 was the result of increased physical volume of sales due to increased demand, and therefore under Regulations 112, section 35.721-3, was not attributable to earlier years.

Cited by 3 later decisions — most recently April 1964

1 federal appellate ·

Relies on Pantasote Leather Co. v. Commissioner · Keystone Brass Works v. Commissioner

Good law ✅— No negative treatment on recordhow we know

Decision will be entered for the respondent · Decided 1951-03-08

View the full empirical analysis of this case →

Black, •/.,

¶1dissenting: I dissent from the majority opinion wherein it holds that none of petitioner's net abnormal income can be attributable to prior years when research and development took place because petitioner’s production of rotating antenna mounts and armor plate went into supplying the United States Government’s armament program. It seems to me that the holding of the majority opinion that none of such net abnormal income can be attributable to prior years under the Treasury regulation relied upon does violence to such cases as Keystone Brass Works, 12 T. C. 618, and Pantasote Leather Co., 12 T. C. 635.

¶2I, therefore, respectfully record my dissent.