Legal Opinion

Boeing v. Commissioner

United States Board of Tax Appeals

Decided March 9, 1942No. Docket Nos. 94779, 95704Published

Claim for increased deficiency resulting from opinion of Circuit Court of Appeals upon question not raised before the Board may not be asserted in amended answer tendered after mandate is filed.

1Opinion of the Court

WILLIAM E. BOEING, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Boeing v. Commissioner

Docket Nos. 94779, 95704.

United States Board of Tax Appeals

46 B.T.A. 492; 1942 BTA LEXIS 860;

March 9, 1942, Entered

Claim for increased deficiency resulting from opinion of Circuit Court of Appeals upon question not raised before the Board may not be asserted in amended answer tendered after mandate is filed.

STERNHAGEN

OPINION.

STERNHAGEN: This is a motion of the respondent for leave to file an amended answer. The substantive law of the case is now settled. The Circuit Court of Appeals for the…

2Cases cited4 opinions

  1. John Gerber Co. v. CommissionerUnited States Board of Tax Appeals · 1941
  2. Cascade Milling & Elevator Co. v. CommissionerUnited States Board of Tax Appeals · 1932
  3. Fifth Ave. Bank v. CommissionerUnited States Board of Tax Appeals · 1935
  4. Boeing v. CommissionerUnited States Board of Tax Appeals · 1942

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