Mutual Lumber Co. v. Poe

(after stating the facts as above).

The plaintiff contends: “* * * That the statutory period for assessment as extended by the waiver filed under section 278 (c) of the Revenue Act of 1924 [26 USCA § 106Q note], on November 14, 1925, expired *307December 31, 1926; that the Commissioner of Internal Revenue was not at any time prohibited from making- assessment of such deficiencies; and that there was no suspension of the running of the statute of limitations.”

Section 274, subdivision (d), 44 Slat, part 2, page 56 (title 26, USCA § 1048b), provides: “(d) The taxpayer shall at any time have the…