Insular Sugar Refining Corp. v. Commissioner of Internal Revenue

When this case was before us last year (2 Cir., 150 F.2d 8, 11), a majority of the court held that the Tax Court had been right except that it had mistakenly reversed the assessments, levying the deficiency properly assessable for the year 1935 in the year 1936; and vice versa. Since the deficiencies were not the same, this required a refund of part of the deficiency paid for the year 1935, and an increased deficiency for 1936. The taxpayer had sought to amend its petition before the Tax Court to con*674form to the facts; hut apparently that court became confused and denied the application. In…