Legal Opinion

Elgin Compress Co. v. Commissioner

United States Board of Tax Appeals

Decided October 11, 1934No. Docket Nos. 49302-49304PublishedCited by 12 opinions

Petitioners filed returns covering the period May 1 to July 30, 1927. They were on a fiscal year basis, beginning May 1 and ending April 30. Respondent assessed income taxes against them, the transactions occurring within the fiscal year, but after July 30, assessment being for the period May 1 to July 30, 1927. Held, returns so filed were illegal, and the respondent's assessments were not authorized by the Revenue Act of 1926.

1Opinion of the Court

OPINION.

Adams :

These proceedings, which have been consolidated for hearing and decision, are brought by the trustees for three Texas corporations, seeking a review of assessments made by the Commissioner, petitioners contending that such assessments cover the period May 1 to July 30, 1927, only, the respondent contending that such assessments cover the period May 1, 1927, to April 30, 1928. Petitioners present other questions which in view of our holding here it will not be necessary for us to decide. The assessments were made under section 279 (a) of the Revenue Act of'1926, and were for the…

2Cases cited1 opinion

  1. Smith v. CommissionerUnited States Board of Tax Appeals · 1932

3Cited by12 opinions

  1. Sanderling, Inc. v. CommissionerUnited States Tax Court · 1976
  2. Century Data Systems, Inc. v. CommissionerUnited States Tax Court · 1983
  3. Eastern Grain Elevator Corp. v. McGowanDistrict Court, W.D. New York · 1950
  4. Miles Production Co. v. CommissionerUnited States Tax Court · 1991
  5. Century Data Systems, Inc. v. CommissionerUnited States Tax Court · 1983

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