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AINSWORTH MANUFACTURING CORPORATION v. COMMISSIONER

Docket Nos. 25767, 29171.

23 T.C. 372 (1954)

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

United States Tax Court.

Filed November 30, 1954.

Attorney(s) appearing for the Case

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

William J. Stetter, Esq., and W. T. Holloran, Esq., for the respondent.

OPINION.

MURDOCK, Judge:

The Commissioner of Internal Revenue disallowed claims of the petitioner for excess profits tax relief under section 722 (a), (b) (2), (b) (4), and (b) (5) of the Internal Revenue Code of 1939 for the taxable years 1941 through 1945.

One of the contentions of the petitioner is that its average base period net income is an inadequate standard of normal earnings within the meaning of section 722 (b) (2) because its business...

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