Atlas Oil & Refining Corp. v. Commissioner
United States Tax Court
1. Although petitioner kept books on a calendar year basis it filed returns for the fiscal years ended November 30, 1942, 1943, and 1944. Held, such returns were sufficient to start the running of the statute of limitations against assessment with respect to the 2 calendar years (1942 and 1943) which were fully embraced within those fiscal years.
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1. Although petitioner kept books on a calendar year basis it filed returns for the fiscal years ended November 30, 1942, 1943, and 1944. Held, such returns were sufficient to start the running of the statute of limitations against assessment with respect to the 2 calendar years (1942 and 1943) which were fully embraced within those fiscal years. Mabel Elevator Co., 2 B. T. A. 517; Paso Robles Mercantile Co., 12 B. T. A. 750, affirmed 33 F. 2d 653 (C. A. 9), certiorari denied 280 U.S. 595. 2. The Commissioner determined deficiencies for the fiscal years ended November 30, 1942 and 1943, which…
1Opinion of the Court
OPINION.
Ratjm, Judge:
1. The petitioner kept its books on the basis of the calendar year but filed its tax returns on the basis of a fiscal year ended November 30. In a prior proceeding before this Court, it was decided, in petitioner’s favor, that the deficiencies there proposed for fiscal years ended November 30, 1942, and November 30, 1943, were incorrectly determined on a fiscal year basis. Atlas Oil & Refining Corporation, 17 T. C. 733. The deficiencies involved here were determined by respondent for the calendar years 1942 and 1943 and he is now confronted with the argument that the…
2Cases cited10 opinions
- R. H. Stearns Co. v. United StatesSupreme Court of the United States · 1934
- Zellerbach Paper Co. v. HelveringSupreme Court of the United States · 1934
- Gensinger v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1953
- Linen Thread Co. v. CommissionerUnited States Tax Court · 1950
- Paso Robles Mercantile Co. v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1929
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