Riverside & Dan River Cotton Mills, Inc. v. United States

WILLIAMS, Judge.

The plaintiff seeks to recover $391,402.-47, a duly scheduled overassessment of income and profits taxes for the year 1920, which was credited by the Commissioner of Internal Revenue against a deficiency assessment in a like sum for the year 1918, together with interest. The claim is based on the contention that the additional assessment of $391,402.47, made on November 6, 1926, for the year 1918, was barred by the statute of limitations.

The defense is: (1) That the assessment was timely made under the provisions of a valid waiver; (2) that the plaintiff filed no claim for…