Newark Morning Ledger Co. v. Commissioner
United States Board of Tax Appeals
From January 23 to May 20, 1935, the petitioner corporation was in the hands of two trustees appointed by the Chancery Court of New Jersey and the officers of the corporation were ousted from control.
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From January 23 to May 20, 1935, the petitioner corporation was in the hands of two trustees appointed by the Chancery Court of New Jersey and the officers of the corporation were ousted from control. In the early part of May 1935 one of the trustees of the corporation was requested by the respondent, through a revenue agent, to execute a waiver of the statute of limitations with respect to the assessment and collection of a deficiency in tax due fir the fiscal year ended April 30, 1935. The trustee delivered to the revenue agent, who was unaware of the trusteeship, a waiver of the statute of…
1Opinion of the Court
*657opinion.
Smith :
The only question before the Board in this proceeding is whether the assessment and collection of the deficiency agreed upon for the fiscal year ended April 30, 1933, is barred by the statute of limitations. The respondent admits that the deficiency is barred unless the waiver executed by L. T. Russell as president of the corporation is a valid waiver (sec. 275 (a), Revenue Act of 1932), and the petitioner agrees that if the waiver is valid the assessment and collection of the deficiency are not barred by the statute of limitations.
Section 276 of the Revenue Acts of 1932 and…
2Cases cited8 opinions
- Tyler v. United StatesSupreme Court of the United States · 1930
- Florsheim Brothers Drygoods Co. v. United StatesSupreme Court of the United States · 1930
- Stange v. United StatesSupreme Court of the United States · 1931
- Greer v. United StatesSupreme Court of the United States · 1918
- Burnet v. Chicago Railway Equipment Co.Supreme Court of the United States · 1931
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3Cited by2 opinions
- United States v. KruegerCourt of Appeals for the Third Circuit · 1941
- Newark Morning Ledger Co. v. CommissionerUnited States Board of Tax Appeals · 1939