Schneider v. United States

ALLEN, Circuit Judge.

This is an appeal from a judgment dismissing a petition for refund of income taxes for the year 1922. A deficiency of $35,078.99 for additional tax and $17,539.50 for penalty had been assessed against the taxpayer. On August 16, 1927, the taxpayer consented to the assessment and collection of the deficiency and executed a waiver of his right to file a petition with the Board of Tax Appeals under § 274(a) of the Revenue Act of 1926, 26 U.S.C.A. Int.Rev.Acts, page 203. The full amount of the additional tax was paid on October 17, 1927, and interest in the sum of $9,482.-86…