Legal Opinion

Socony-Vacuum Oil Co. v. United States

Court of Appeals for the Second Circuit

Decided January 23, 1945No. 177PublishedCited by 4 opinions

1Per curiam

Reference is made to the opinion below, Socony-Vacuum Oil Co. v. United States, D.C., 52 F.Supp. 637, for a statement of the pertinent facts. The claim for refund was specific in respect to deductions claimed on account of credit for foreign income taxes but otherwise was so general that it amounted to an attempt by way of a catchall provision to toll the statute of limitations completely pending whatever amendment the taxpayer might see fit to make.

The statute cannot be circumvented in that way. A claim timely filed may be amended to make it more specific after the statute has run when a…

2Cases cited3 opinions

  1. United States v. AndrewsSupreme Court of the United States · 1938
  2. Pink v. United StatesCourt of Appeals for the Second Circuit · 1939
  3. Socony-Vacuum Oil Co. v. United StatesDistrict Court, S.D. New York · 1943

3Cited by4 opinions

  1. St. Joseph Lead Company v. United StatesCourt of Appeals for the Second Circuit · 1962
  2. WESTCHESTER FIRE INSURANCE COMPANY v. United StatesDistrict Court, S.D. New York · 1955
  3. St. Joseph Lead Co. v. United StatesDistrict Court, S.D. New York · 1959
  4. Sun-Herald Corp. v. DugganDistrict Court, S.D. New York · 1945

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