Shaw v. Commissioner

Murdock,

concurring: I agree with the decision of this case but desire to set forth my reason for so doing.

The Revenue Act of 1926 was not intended to and did not authorize the assessment or collection of any tax which at the time of its enactment could not be assessed or collected because of the bar of the statutory period of limitation properly applicable thereto. See section 278 (e). Section 278 (d) of that act provides that a tax may be collected within six years after a timely assessment. Section 280 (b) provides a period of limitation for assessment of transferee liability, but…