Paso Robles Mercantile Co. v. Commissioner of Internal Revenue

DIETRICH, Circuit Judge.

This is a petition for tbe review of a decision by tbe Board of Tax Appeals rendered September 6,1928. Tbe only question submitted for consideration is: When did tbe statutory period of limitations for tbe assessment of petitioner’s income taxes for tbe years 1918-19 commence to run? Section 200 et seq. of tbe Revenue Act of 1918 (40 Stat. 1057) provide that returns may be made upon tbe basis of tbe calendar year or of a “fiscal year,” “fiscal year” being defined as a “period of twelve months ending on tbe last day of any month other than December” (40 Stat. 1058, §…