Headline Publications, Inc. v. Commissioner
United States Tax Court
Petitioner filed a timely refund claim under section 722, I. R. C. 1939, for the fiscal year 1945. The abbreviated claim made no mention of carryover or carryback credits. Petitioner filed an amended claim after the statute of limitations had run asking for an unused excess profits credit carryover from the fiscal year 1944 and carryback from the fiscal year 1946 based on requested section 722 determinations for those years.
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Petitioner filed a timely refund claim under section 722, I. R. C. 1939, for the fiscal year 1945. The abbreviated claim made no mention of carryover or carryback credits. Petitioner filed an amended claim after the statute of limitations had run asking for an unused excess profits credit carryover from the fiscal year 1944 and carryback from the fiscal year 1946 based on requested section 722 determinations for those years. The amended claim, held, barred by the statute of limitations.
1Opinion of the Court
OPINION.
Kern, Judge:
The sole issue for our decision is whether or not, under the circumstances here present, the statute of limitations bars the allowance of petitioner’s claim to an unused excess profits credit carryover and carryback from the fiscal years 1944 and 1946, respectively, to the fiscal year 1945.
There is no doubt that the amended claim was filed after the statute of limitations had run and thus cannot possibly be considered independently as a timely claim for the benefit of a constructive unused excess profits credit carryover and carryback from the fiscal years 1944 and 1946.…
2Cases cited20 opinions
- United States v. Memphis Cotton Oil Co.Supreme Court of the United States · 1933
- United States v. Garbutt Oil Co.Supreme Court of the United States · 1938
- United States v. AndrewsSupreme Court of the United States · 1938
- Bemis Bro. Bag Co. v. United StatesSupreme Court of the United States · 1933
- United States v. Factors & Finance Co.Supreme Court of the United States · 1933
15 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Headline Publications, Inc. v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1959
- Feature Publications, Inc. v. CommissionerUnited States Tax Court · 1957
- H. J. Heinz Co. v. CommissionerUnited States Tax Court · 1959
- Royal Frocks, Inc. v. CommissionerUnited States Tax Court · 1958
- Feature Publications, Inc. v. CommissionerUnited States Tax Court · 1957
3 more not listed; retrieve them via the Exa API.