Commissioner of Internal Revenue v. Henry Hess Co. Henry Hess Co. v. Commissioner of Internal Revenue

Reviews are sought of tax court decisions respecting the income and declared value excess profit taxes due from the Christenson Steamship Company under the Company’s calendar year taxation for the years 1942, 1943 and 1944. The Tax Court made its determination for the three years in a consolidated hearing and the reviews are considered here.

The Tax Year 1942.

The Commissioner of Internal Revenue, hereafter the Commissioner, petitions for a review of the decision of the Tax Court holding Henry Hess Company and others, hereafter Hess, not liable for a deficiency assessed against it as a transferee by the Commissioner for the tax year 1942 because of the inclusion in the income of that year of the profit to the Christenson Steamship Company on the requisition of its steamer, the Jane Christenson, by the United States War Shipping Administration on November 12, 1942. The requisition was without determination of the steamer’s value.

Hess’ interest in the claim for the Christenson Steamship Company’s profit arises in the following manner. After the requisition of its steamer the Chris-tenson Steamship Company, a California corporation, dissolved on November 13, 1942, and distributed…