Wobber Bros. v. Commissioner
United States Board of Tax Appeals
1. STATUTE OF LIMITATIONS. - An affiliate of petitioner received a notice of deficiency for 1925 and filed a petition for redetermination. The proceeding was heard and decision of the Board entered.
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1. STATUTE OF LIMITATIONS. - An affiliate of petitioner received a notice of deficiency for 1925 and filed a petition for redetermination. The proceeding was heard and decision of the Board entered. Thereafter the respondent mailed a notice of deficiency to petitioner for the year 1925. Held, that under section 501(a) of the Revenue Act of 1928 the period during which the statute was suspended by reason of the earlier proceeding may be added to the time when the statute of limitations would otherwise run in the case of the petitioner, and when so added the notice of deficiency to petitioner…
1Opinion of the Court
*135OPINION.
Arundell:
The first issue requiring consideration is whether assessment and collection are barred by the statute of limitations. The petitioner’s return for 1925 was filed on March 15, 1926, and the deficiency notice was mailed March 27, 1933, which was after the expiration of the three-year period provided for in section 277 (a) (1) of the Revenue Act of 1926. Counsel for the respondent relies upon section 501 of the Revenue Act of 1928 as suspending the operation of the statute of limitations'. That section, as far as material here, reads as follows: ,
SEC. 501. AFFILIATED…
2Cases cited5 opinions
- Tait v. Western Maryland Railway Co.Supreme Court of the United States · 1933
- Fisher v. BrowningMississippi Supreme Court · 1914
- Leininger v. CommissionerUnited States Board of Tax Appeals · 1934
- Belridge Oil Co. v. CommissionerUnited States Board of Tax Appeals · 1932
- Portage Silica Co. v. CommissionerUnited States Board of Tax Appeals · 1934
3Cited by6 opinions
- McClamma v. CommissionerUnited States Tax Court · 1981
- Dividend Industries, Inc. v. CommissionerUnited States Tax Court · 1987
- Estate of Goldenberg v. CommissionerUnited States Tax Court · 1964
- Dividend Industries, Inc. v. CommissionerUnited States Tax Court · 1987
- McClamma v. CommissionerUnited States Tax Court · 1981
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