Stetson & Ellison v. Commissioner
United States Board of Tax Appeals
Consolidated income and profits-tax returns were filed on behalf of the petitioner on June 16, 1919, and on March 15, 1920, for the years 1918 and 1919, respectively.
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Consolidated income and profits-tax returns were filed on behalf of the petitioner on June 16, 1919, and on March 15, 1920, for the years 1918 and 1919, respectively. Those returns being in substantial compliance with sections 239 and 240 of the Revenue Act of 1918, they are the returns contemplated by the statute, and, more than five years having elapsed since the filing of those returns, the Commissioner was without authority to make the assessments of June, 1925, and to assess the additional amounts proposed in the notice of deficiency of September 5, 1925.
1Opinion of the Court
*399OPINION.
•Morris:
The sole question presented by this proceeding is whether the assessment and collection of taxes determined as a result of the returns filed by the petitioner in February, 1924, are barred by the statute of limitations. Section 277 (a) 2 of the Revenue Act of 1924 provides:
Tbe amount of income, excess-profits, and war-profits taxes imposed by *■ * * the Revenue Act of 1918, * * * shall be assessed within five years after the return was filed, and no proceeding in court for the collection of such taxes shall be begun after the expiration of such period.
The Revenue Act of 1926…
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- Newport Co. v. CommissionerUnited States Board of Tax Appeals · 1931
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