Southern Sportswear Co. v. Commissioner
United States Tax Court
Refund of excess profits tax payment made on a tentative excess profits tax return more than two years before the mailing of a deficiency notice by the Commissioner held barred by the statute of limitations.
1Opinion of the Court
OPINION.
LeMire, Judge:
The respondent determined deficiencies in petitioner’s income and excess profits taxes for the fiscal year ended February 28,1943, in the respective amounts of $1,498.83 and $4,230.44, plus a 25 per cent penalty of $1,057.61 for failure to file an excess profits tax return within the time prescribed by law.
The parties have stipulated in this proceeding that for the taxable year involved there is a deficiency in income tax in the amount of $1,208.09 and that there is no deficiency in excess profits tax or penalty due for failure to file an excess profits tax return.
The…
2Cases cited2 opinions
- Florsheim Brothers Drygoods Co. v. United StatesSupreme Court of the United States · 1930
- Beam v. HamiltonCourt of Appeals for the Sixth Circuit · 1923
3Cited by7 opinions
- Budd Co. v. United StatesDistrict Court, E.D. Pennsylvania · 1957
- Morrisdale Coal Mining Co. v. CommissionerUnited States Tax Court · 1953
- Plankinton v. United StatesDistrict Court, E.D. Wisconsin · 1958
- Morrisdale Coal Mining Co. v. CommissionerUnited States Tax Court · 1953
- Renee Vento v. CommissionerUnited States Tax Court · 2019
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