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TRI-CITY DR. PEPPER BOTTLING CO. v. COMMISSIONER

Docket No. 7596-72.

61 T.C. 508 (1974)

TRI-CITY DR. PEPPER BOTTLING COMPANY, PETITIONER v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

United States Tax Court.

Filed January 28, 1974.

Attorney(s) appearing for the Case

William Monroe Kerr, for the petitioner.

David L. Jordan, for the respondent.

OPINION

FEATHERSTON, Judge:

Respondent determined a deficiency in petitioner's Federal income tax for its fiscal year ended March 31, 1969, in the amount of $5,469.08. The issue for decision is whether petitioner is liable under section 47(a)(1)1 for an investment credit "recapture tax" as a result of its election under section 1372 to become an electing small business corporation commencing April 1, 1969.

Petitioner...

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