Gulf States Steel Co. v. Commissioner
United States Board of Tax Appeals
STATUTE OF LIMITATIONS. - The filing of a bond with an abatement claim does not satisfy the provision of section 250(d) of the Revenue Act of 1921 requiring a consent in writing by both the Commissioner and the taxpayer as a condition precedent to the postponement of the collection beyond five years after the date the return was filed.
1Opinion of the Court
*1249OPINION.
GREEN:
The petitioner raises the question of the statute of limitations and contends that the respondent is now barred by statute from collecting any portion of the additional tax of $153,815.30 assessed by him in April, 1921.
The respondent contends that at all times he has been fully protected by means of the several bonds which were executed and filed with the collector. He argues that the petitioner is estopped from pleading the statute of limitations and that the effect of the bonds was to waive any limitations provided for by statute. He points out that the words determination,…
2Cases cited2 opinions
- Dollar Savings Bank v. United StatesSupreme Court of the United States · 1874
- Bowers v. New York & Albany Lighterage Co.Supreme Court of the United States · 1927
3Cited by1 opinion
- Gulf States Steel Co. v. CommissionerUnited States Board of Tax Appeals · 1928