Estate of Gibbs v. Commissioner

OPINION.

Tietjens, Judge:

With reference to the taxable year 1945 the taxpayer contests assessment on the ground that the period prescribed by the statute of limitations had expired. The return for that year was filed on March 15,1946.

In January 1951, more than 3 years but less than 5 years from the date the return was filed, the taxpayer’s executor filed a consent extending the period of limitation. Within the period specified in the first consent a second consent was filed, and on December 20, 1951, before the end of the consent period, the notice of deficiency was mailed.

The timeliness of…