Docket No. 50073 | Tax Ct. | Sep 29, 1955
Lead Opinion
OPINION.
Petitioner seeks the benefit of an unused excess profits credit carry-over based on a constructive average base period net income from its fiscal year 1941 to its fiscal year 1942, notwithstanding that it made no claim for such carry-over in its application for relief which it filed with respect to 1942. This issue is foreclosed by the decision of this Court in Lockhart Creamery, 17 T.C. 1123" date_filed="1952-01-08" court="Tax Ct." case_name="Lockhart Creamery v. Commissioner">17 T. C. 1123, 1140-1143. Cf. St. Louis Amusement Co., 22 T.C. 522" date_filed="1954-06-09" court="Tax Ct." case_name="St. Louis Amusement Co. v. Commissioner">22 T. C. 522; Barry-Wehmiller Machinery Co., 20 T.C. 705" date_filed="1953-06-29" court="Tax Ct." case_name="Barry-Wehmiller Machinery Co. v. Commissioner">20 T. C. 705.
Reviewed by the Special Division.
Decision will he entered for the respondent.