Davidson v. Commissioner
United States Board of Tax Appeals
1. Joint Resolution No. 88, 71st Congress, extending for one year the period of limitations in the case of taxpayers filing separate returns including community property, held constitutional. 2. The profit which the Commissioner determined that the petitioners realized from the sale of 20,000 shares of stock in 1927 may not be reduced on the theory that 6,000 of the shares belonged to another party nor on the theory that a portion of the proceeds belonged to or was paid for…
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1. Joint Resolution No. 88, 71st Congress, extending for one year the period of limitations in the case of taxpayers filing separate returns including community property, held constitutional. 2. The profit which the Commissioner determined that the petitioners realized from the sale of 20,000 shares of stock in 1927 may not be reduced on the theory that 6,000 of the shares belonged to another party nor on the theory that a portion of the proceeds belonged to or was paid for another party. 3. The profit which the petitioners realized from the sale of the stock may not be reduced by a basis of…
1Opinion of the Court
*482OPINION.
Murdock:
The period of limitations for assessment of taxes im* posed by the Revenue 'Act, of 1926 was “three years after the return was filed.” Sec. 277 (a) (1). That period .had expired before the deficiency notices involved in these, proceedings were mailed. However, that three-year period was “extended for a period of one year in the case of any married -individual where such individual or his or her spouse filed a separate income-tax return for such taxable year and included therein income which under the laws of the State upon receipt became community property,” Joint Resolution…
2Cases cited3 opinions
- Poe v. SeabornSupreme Court of the United States · 1930
- Graham & Foster v. GoodcellSupreme Court of the United States · 1931
- Hopkins v. BaconSupreme Court of the United States · 1930
3Cited by3 opinions
- Davidson v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1937
- Davidson v. CommissionerUnited States Board of Tax Appeals · 1936
- Eaton v. CommissionerUnited States Board of Tax Appeals · 1938