Oilbelt Motor Co. v. Commissioner
United States Board of Tax Appeals
1. DEFICIENCY - ERRONEOUS REFUND. - Where the Commissioner has made an erroneous refund of taxes he may reconsider his action and determine a deficiency on account thereof at any time within the period of limitation, or such time as may be extended by agreement or waiver. 2. AFFILIATED CORPORATIONS. - Where a consolidated return was filed by the parent corporation for itself and the taxpayer, its subsidiary, and the taxpayer paid its portion of the tax to the parent…
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1. DEFICIENCY - ERRONEOUS REFUND. - Where the Commissioner has made an erroneous refund of taxes he may reconsider his action and determine a deficiency on account thereof at any time within the period of limitation, or such time as may be extended by agreement or waiver. 2. AFFILIATED CORPORATIONS. - Where a consolidated return was filed by the parent corporation for itself and the taxpayer, its subsidiary, and the taxpayer paid its portion of the tax to the parent corporation, which paid it to the Government, and a portion thereof was subsequently erroneously refunded to the parent…
1Opinion of the Court
*833OPINION.
Milliken :
The parties have stipulated that the taxpayer was affiliated with the -Citizens Motor Co., of Shreveport, La., and the Triangle Motor Co., of Marshall, Tex., during the taxable period in controversy, viz, from May 31, 1920, to December 31, 1920, and it follows that the ruling of the Commissioner to the contrary was erroneous. This leaves for our determination two principal questions, viz, (1) has the Commissioner the power to reverse himself after the payment of an erroneous refund and determine a deficiency based on such refund, and (2) -where a subsidiary affiliated…
2Cases cited2 opinions
- Botany Worsted Mills v. United StatesSupreme Court of the United States · 1929
- Girard Trust Co. v. United StatesSupreme Court of the United States · 1926
3Cited by8 opinions
- Groetzinger v. CommissionerUnited States Tax Court · 1977
- Long v. CommissionerUnited States Tax Court · 1978
- Boysen v. CommissionerUnited States Tax Court · 1954
- Craig v. CommissionerUnited States Board of Tax Appeals · 1929
- Groetzinger v. CommissionerUnited States Tax Court · 1977
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