Morning Sun Publishing Co. v. Commissioner
United States Board of Tax Appeals
A waiver was executed by one of the trustees in dissolution of a California corporation, who was also secretary and treasurer of the trustees in dissolution. He was authorized by all his co-trustees, except one who was absent. Held, the waiver was valid to extend the time for assessment for the period agreed upon.
1Opinion of the Court
*358OPINION.
Adams:
The sections of the Eevenue Act of 1928 applicable to this case are set out in the margin.1
In this case the return of the taxpayer for 1928 was filed March 15, 1929. The two-year period of limitation expired on March 15,
1931. Prior to such expiration and on December 31, 1930, a waiver *359was signed by one of the trustees in dissolution and by the Commissioner extending the period for assessment of taxes for 1928 to December 31, 1931.
The single question before us is as to the validity of the waiver. The petitioner contends that the waiver is invalid and was, therefore, ineffective…
2Cases cited5 opinions
- Hunt v. CommissionerUnited States Board of Tax Appeals · 1929
- Jaffee v. CommissionerUnited States Board of Tax Appeals · 1929
- Crosman v. CommissionerUnited States Board of Tax Appeals · 1931
- Wells-Elkhorn Coal Co. v. CommissionerUnited States Board of Tax Appeals · 1932
- Welz & Zeuveck, Inc. v. CommissionerUnited States Board of Tax Appeals · 1928
3Cited by2 opinions
- Krueger v. United StatesDistrict Court, D. New Jersey · 1940
- Morning Sun Publishing Co. v. CommissionerUnited States Board of Tax Appeals · 1934