Scott v. Commissioner
United States Tax Court
The original petition herein, filed within three years after certain payments of tax upon the deficiency determined, alleged that the dividend upon which the tax was based was nontaxable, but did not pray for a finding of overpayment. Upon trial the respondent confessed error and agreed that an order of no deficiency might be entered. The petitioner amended the petition to pray for a refund of taxes paid on the stock dividend.
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The original petition herein, filed within three years after certain payments of tax upon the deficiency determined, alleged that the dividend upon which the tax was based was nontaxable, but did not pray for a finding of overpayment. Upon trial the respondent confessed error and agreed that an order of no deficiency might be entered. The petitioner amended the petition to pray for a refund of taxes paid on the stock dividend. Held, the original petition stated a cause of action, that the statute had not run as to payments made within three years prior to petition filed (section 322 (d) of…
1Opinion of the Court
OPINION.
Disney, Judge:
This case involves income taxes for the year 1936. The incotne tax return was filed on April 15, 1937. The only income reported was $12,721.25 under the heading of “Dividends.” No explanation was given. Taxes were paid as follows:
Apr. 16, 1937_$178.98
June 16, 1937_ 178.25
Sept. 15, 1937_ 178.00
Dec. 15, 1937_ 178.00
Under date of January 17, 1940, the petitioner and the Commissioner of Internal Revenue executed a consent fixing the period of limitation upon assessment of income and profits taxes as expiring on June 30,1941, unless notice of deficiency should be mailed prior…
2Cases cited5 opinions
- Monahan v. Fidelity Mutual Life InsuranceIllinois Supreme Court · 1909
- Tomson v. Iowa State Traveling Men's Ass'nNebraska Supreme Court · 1911
- Sanders v. AllenSupreme Court of Georgia · 1910
- Butler v. SecristNebraska Supreme Court · 1912
- Tomson v. Iowa State Traveling Men's Ass'nNebraska Supreme Court · 1911
3Cited by9 opinions
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- Inverworld, Ltd. v. Commissioner of Internal RevenueCourt of Appeals for the D.C. Circuit · 1992
- Ruud Mfg. Co. v. CommissionerUnited States Tax Court · 1948
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