Thomaston Cotton Mills v. Rose

BRYAN, Circuit Judge.

This was an action by a taxpayer to recover upwards of $32,000 which it had paid in satisfaction of a deficiency assessment upon income and profits taxes for the year 1919. From a judgment of the District Court denying the recovery sought, the taxpayer appeals upon the ground that the assessment was prematurely made, and was therefore void.

In 1924, within the statutory period of limitations, the Commissioner of Internal Revenue determined that the tax deficiency amounted to more than the sum finally collected; but after the limitation had run, acting under a waiver…