- 26 - brought to our attention is Bloomington Coca-Cola Bottling Co. v. Commissioner, 189 F.2d 14 (7th Cir. 1951), affg. a Memorandum Opinion of this Court dated Aug. 10, 1950. Petitioners try to distinguish the Bloomington Coca-Cola Bottling Co. case, but we find it highly instructive. The taxpayer had originally reported the transaction in issue as a sale at a loss in the year it occurred, 1939, but contended--for 1943 and 1944 excess profits tax purposes--that the transaction had been an exchange under the statutory predecessor of section 1031(a) in which no loss had been recognized. The taxpayer’s change in position was attributable to its desire not to reduce its excess profits tax base. The taxpayer had outgrown its old bottling plant and hired a contractor to erect a new plant, on the taxpayer’s land, at an agreed cost of $72,500. Included in the consideration paid by the taxpayer to the contractor was the old bottling plant and the parcel of land on which it was located, at an agreed value of $8,000, plus cash of $64,500. The taxpayer reported on its 1939 income tax return a loss of approximately $23,000 on the sale of the old plant. As this Court pointed out in its Memorandum Opinion: “Here the contractor was not the owner of the land upon which the new building was constructed, never owned the new building, and never conveyed the new building to the petitioner”.Page: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
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