Peruna Co. v. Commissioner
United States Board of Tax Appeals
1. JURISDICTION. - When the facts of determination of a final deficiency by the Commissioner and his mailing of a statutory notice thereof exist, although inadequately pleaded in a petition filed by the taxpayer within the 60-day limit for appeal, the Board has jurisdiction of the appeal and may allow a correction of the omission or mistake by amendment which, when made, relates back and becomes effective as of the date of the original pleadings.
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1. JURISDICTION. - When the facts of determination of a final deficiency by the Commissioner and his mailing of a statutory notice thereof exist, although inadequately pleaded in a petition filed by the taxpayer within the 60-day limit for appeal, the Board has jurisdiction of the appeal and may allow a correction of the omission or mistake by amendment which, when made, relates back and becomes effective as of the date of the original pleadings. The Board's decision in the case of Eastman Gardiner Naval Stores Co.,4 B.T.A. 242, is overruled. 2. INVESTED CAPITAL. - Good will acquired for…
1Opinion of the Court
*1185OPINION.
Truss bul:
This proceeding involves two separate appeals, Docket Nos. 12333 and 5102, the first being from a deficiency determined by respondent of $4,139.63 in income and profits tax of petitioner and three affiliated corporations for the year 1919, and the second, a similar deficiency in the sum of $5,777.02 for the year 1920, the two proceedings having been consolidated for hearing as the questions involved in respect to each year are the same.
At the hearing respondent moved to dismiss the appeal under Docket No. 5102 for want of jurisdiction on the ground that it was not taken from…
2Cases cited22 opinions
- Missouri, Kansas & Texas Railway Co. v. WulfSupreme Court of the United States · 1913
- Newburyport Water Co. v. NewburyportSupreme Court of the United States · 1904
- Minnesota v. Northern Securities Co.Supreme Court of the United States · 1904
- Union Pacific Railway Co. v. WylerSupreme Court of the United States · 1895
- Willard v. WoodSupreme Court of the United States · 1896
17 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Continental Petroleum Co. v. United StatesCourt of Appeals for the Tenth Circuit · 1936
- American Smelting & Refining Co. v. CommissionerUnited States Board of Tax Appeals · 1941
- Peruna Co. v. CommissionerUnited States Board of Tax Appeals · 1928
- Pietanza v. CommissionerUnited States Tax Court · 1989
- Pietanza v. CommissionerUnited States Tax Court · 1989
3 more not listed; retrieve them via the Exa API.