Insley Mfg. Co. v. Thurman

ANDERSON, Circuit Judge.

Appeal is from a judgment for the collector in a suit by a taxpayer to recover income taxes for the year 1918. The single question presented is whether the assessment was made within lawful time.

Appellant, after having made a tentative return for income and profits taxes for the year 1918, made a complete return for that period on June 16,1919. The statute of limitations then applicable to taxes for the year 1918 required that assessment and collection be made within five years.

The Commissioner of Internal Revenue, on January 25,' 1924, secured from appellant a waiver…