E. M. Pringle Naval Stores Co. v. Commissioner
United States Board of Tax Appeals
A waiver of the statute of limitations covering the calendar year 1921 and given by a taxpayer to his attorney, who holds a power of attorney authorizing him "generally to do, execute, and perform every act and thing whatever necessary or proper to be done with respect to the premises" for the year 1920 as well as for 1921, and who changes the waiver to cover the year 1920, and then gives it to the Commissioner, who accepts it, is a valid waiver extending the time within…
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A waiver of the statute of limitations covering the calendar year 1921 and given by a taxpayer to his attorney, who holds a power of attorney authorizing him "generally to do, execute, and perform every act and thing whatever necessary or proper to be done with respect to the premises" for the year 1920 as well as for 1921, and who changes the waiver to cover the year 1920, and then gives it to the Commissioner, who accepts it, is a valid waiver extending the time within which an assessment of deficiency for 1920 may be made.
1Opinion of the Court
*1330OPINION.
Smith:
In this proceeding the respondent concedes that under sections 277 and 278 (c) of the Eevenue Act of 1928 the statute of limitations precludes the assessment of a deficiency unless the waiver dated November 19, 1926, is valid and effective, since the former waiver, which is not contested, expired by its terms on December 31, 1926, and the notice of deficiency was not issued until October 4,1927. The petitioner contends that the waiver submitted by W. C. Flournoy dated November 19, 1926, was for the year 1921 and that the change in the year from 1921 to 1920 made by Flournoy was…
2Cases cited3 opinions
- Smith v. AyerSupreme Court of the United States · 1880
- Armstrong v. AshleySupreme Court of the United States · 1907
- Jefferson County National Bank v. DeweyNew York Court of Appeals · 1909
3Cited by4 opinions
- Cary v. CommissionerUnited States Tax Court · 1967
- Estate of Maceo v. Comm'rUnited States Tax Court · 1964
- Cary v. CommissionerUnited States Tax Court · 1967
- E. M. Pringle Naval Stores Co. v. CommissionerUnited States Board of Tax Appeals · 1931