Stevens Bros. Foundation, Inc. v. Commissioner
United States Tax Court
1. Under section 302(b), Revenue Act of 1950, filing of exempt organization information return constitutes filing of a return for statute of limitations purposes only if the organization loses its exemption because it engages in a trade or business for profit. 2. Except where section 302(b), Revenue Act of 1950, applies, exempt organization information returns are not "returns" for statute of limitations purposes under the 1939 Code. 3. The Commissioner is not estopped from…
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1. Under section 302(b), Revenue Act of 1950, filing of exempt organization information return constitutes filing of a return for statute of limitations purposes only if the organization loses its exemption because it engages in a trade or business for profit. 2. Except where section 302(b), Revenue Act of 1950, applies, exempt organization information returns are not "returns" for statute of limitations purposes under the 1939 Code. 3. The Commissioner is not estopped from revoking an exemption ruling retroactively to the time of a material change in the relevant facts or applicable law…
1Opinion of the Court
TRAIN, Judge:
Respondent determined deficiencies in income and personal holding company taxes and additions to tax of the petitioner as follows:
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Respondent has conceded the inapplicability of the additions to tax under section 6651(a) of the Internal Revenue Code of 1954 for petitioner’s taxable years 1955 through 1958.
The issues remaining1 to be decided are:(1) Whether respondent is barred by the statute of limitations from asserting deficiencies and additions to tax for each of petitioner’s taxable years 1948 through 1954;(2) Whether respondent is estopped from retroactively…
2Cases cited70 opinions
- Helvering v. TaylorSupreme Court of the United States · 1935
- Automobile Club of Mich. v. CommissionerSupreme Court of the United States · 1957
- Blodgett v. HoldenSupreme Court of the United States · 1927
- Boehm v. CommissionerSupreme Court of the United States · 1945
- Better Business Bureau of Washington, D. C., Inc. v. United StatesSupreme Court of the United States · 1946
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3Cited by67 opinions
- Reiff v. CommissionerUnited States Tax Court · 1981
- Church in Boston v. CommissionerUnited States Tax Court · 1978
- Hancock Academy of Savannah, Inc. v. CommissionerUnited States Tax Court · 1977
- Fruehauf Trailer Co. v. CommissionerUnited States Tax Court · 1964
- Edgar v. CommissionerUnited States Tax Court · 1971
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