United States v. Ed Rachal

WISDOM, Circuit Judge.

This income tax case involves claims for refunds of $514.71 for 1948 and $5,-263.59 for 1949 under the provisions mitigating the effect of the statute of limitations, Section 3801 of the Internal Revenue Code of 1939 and Sections 1311-1315 of the 1954 Code. In certain circumstances, when an error has been made in the inclusion or exclusion of income or in the allowance or disallowance of a deduction or in the tax treatment of a transaction affecting the basis of property, the error may be corrected even though the statute has run. The purpose of the mitigating provisions…