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
THE PERUNA CO., PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.
Peruna Co. v. Commissioner
Docket Nos. 5102, 12333.
United States Board of Tax Appeals
11 B.T.A. 1180; 1928 BTA LEXIS 3660;
May 7, 1928, Promulgated
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,…
2Cases cited2 opinions
- Peruna Co. v. CommissionerUnited States Board of Tax Appeals · 1928
- Eastman Gardiner Naval Stores Co. v. CommissionerUnited States Board of Tax Appeals · 1926