Commissioner v. Newport Industries, Inc.

KERNER, Circuit Judge.

In this case the Commissioner of Internal Revenue allowed an overpayment claim for one year, credited the overpayment against a deficiency for a prior year, and reported the resulting balance to the taxpayer. After the balance owing the Government for the prior year had been paid, the Commissioner disallowed the overpayment claim, reversed the credit and reinstated the deficiency. The question presented is whether the Commissioner had the power t'o reopen the case, reconsider his previous action and make a further determination.

In 1931 the respondent acquired the assets…