American Ry. Co. v. Commissioner
United States Board of Tax Appeals
1. A consent in writing extending the statutory period for assessment of taxes executed by the taxpayer and transmitted to the Commissioner, which was not signed or relied upon or acted upon by the latter, but was definitely rejected by him as unacceptable, and under which the taxpayer neither received nor accepted any benefits, is invalid; and the fact that the signature of the Commissioner was placed thereon several years after the expiration of the statutory period for…
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1. A consent in writing extending the statutory period for assessment of taxes executed by the taxpayer and transmitted to the Commissioner, which was not signed or relied upon or acted upon by the latter, but was definitely rejected by him as unacceptable, and under which the taxpayer neither received nor accepted any benefits, is invalid; and the fact that the signature of the Commissioner was placed thereon several years after the expiration of the statutory period for assessment - in this case on the day of the trial before the Board - can have no effect whatever upon the statute of…
1Opinion of the Court
OPINION.
Murdock :
The Commissioner determined a deficiency of $2,133.29 in the petitioner’s tax for the calendar year 1924. The only error assigned is that the statutory period of limitation within which assessment and collection of any deficiency in tax for 1924 could be legally made had expired before July 14, 1932, when the notice of deficiency was mailed to this taxpayer.
The facts were stipulated as follows:
1. The petitioner is a corporation with its principal office at 15 Exchange Place, Jersey City, N.J. Its corporate name was formerly American Electric Power Company which was later…
2Cases cited8 opinions
- Florsheim Brothers Drygoods Co. v. United StatesSupreme Court of the United States · 1930
- Stange v. United StatesSupreme Court of the United States · 1931
- Burnet v. Chicago Railway Equipment Co.Supreme Court of the United States · 1931
- Aiken v. BurnetSupreme Court of the United States · 1931
- W. P. Brown & Sons Lumber Co. v. BurnetSupreme Court of the United States · 1931
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3Cited by4 opinions
- Frederic P. Holbrook, Trustee in Bankruptcy of the Estate of Mitchell H. Hewitt, Bunkrupt v. United StatesCourt of Appeals for the Ninth Circuit · 1960
- Sneed v. CommissionerUnited States Board of Tax Appeals · 1934
- American Ry. Co. v. CommissionerUnited States Board of Tax Appeals · 1934
- Sneed v. CommissionerUnited States Board of Tax Appeals · 1934