Bouchey v. Commissioner
United States Tax Court
A deficiency was determined for 1945 after the normal 3-year statute of limitations based on adjustments from a net operating loss carry-back from 1947 and other adjustments to 1945 income. Petitioners contend that the part of the deficiency based on the latter adjustments is barred by the statute of limitations.
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A deficiency was determined for 1945 after the normal 3-year statute of limitations based on adjustments from a net operating loss carry-back from 1947 and other adjustments to 1945 income. Petitioners contend that the part of the deficiency based on the latter adjustments is barred by the statute of limitations. Held, where taxpayers receive a refund by reason of a carry-back pursuant to section 3780, I. R. C., the period of limitations for assessment of deficiencies with respect to the earlier year is not enlarged by section 3780 (c) or 276 (d), I. R. C., except to the extent that the…
1Opinion of the Court
OPINION.
Black, Judge:
This case raises the single question of whether part of the deficiency of $3,933.91 for 1915 is barred by the statute of limitations. A portion of the deficiency is conceded by petitioners to be timely assessed since it is attributable to adjustments to net operating loss deductions from the year 1917 claimed by petitioners by applying net operating loss carry-backs under section 3780, I. R. C. Under section 276 (d), I. R. C., a deficiency in any tax attributable to the application of a net operating loss carry-back may be assessed within the period during which a…
2Cases cited1 opinion
- Leuthesser v. CommissionerUnited States Tax Court · 1952
3Cited by31 opinions
- Polachek v. CommissionerUnited States Tax Court · 1954
- Pesch v. CommissionerUnited States Tax Court · 1982
- Phoenix Coal Company, Inc. v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1956
- Neri v. CommissionerUnited States Tax Court · 1970
- Deakman-Wells Co., Inc. v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1954
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