Central Outdoor Advertising Co. v. Commissioner
United States Tax Court
Excess Profits Tax -- Sec. 722, I. R. C. -- Applications for Relief -- Period of Limitations -- Secs. 722 (d) and 322 (b) (4), I. R. C. -- The period of limitation on the filing of applications for relief under section 722 for years beginning prior to December 31, 1941, begins with the date the return or the payment relied upon was due rather than the earlier date upon which the return was filed and the tax was paid.
1Opinion of the Court
OPINION.
Muedock, Judge:
The Commissioner disallowed in part an application of the petitioner for relief under section 722 of the Internal Revenue Code stating:
It has been determined that the relief requested should be allowed in part. However, the amount refundable is limited by section 322 of the Code to $949.83, the deficiency of excess profits tax paid within the two year period prior to the filing of your application for relief on Form 991.
The only issue for decision is whether the petitioner filed its application for relief within the 3-year period prescribed by sections 722 (d) and 322…
2Cases cited1 opinion
- Allsen v. South Atlantic S. S. Co.Court of Appeals for the Fifth Circuit · 1949
3Cited by1 opinion
- Central Outdoor Advertising Co. v. CommissionerUnited States Tax Court · 1954