Chattanooga Coke & Gas Co. v. Commissioner
United States Board of Tax Appeals
1. Petitioner filed its income and profits-tax return for 1919 on or before March 15, 1920; thereafter on or about January 26, 1924, it entered into a consent in writing extending the time within which assessment of the tax for that year might be made until December 31, 1925; a deficiency notice was mailed to the petitioner on August 24, 1925, and on October 22, 1925, it filed an appeal with this Board.
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1. Petitioner filed its income and profits-tax return for 1919 on or before March 15, 1920; thereafter on or about January 26, 1924, it entered into a consent in writing extending the time within which assessment of the tax for that year might be made until December 31, 1925; a deficiency notice was mailed to the petitioner on August 24, 1925, and on October 22, 1925, it filed an appeal with this Board. Held, the collection of the deficiency for 1919 is not barred by the statute of limitations. Following Sunshine Cloak & Suit Co.,10 B.T.A. 971. 2. Commissioner Williams held that the…
1Opinion of the Court
*787OPINION.
Morris:
The first issue urged by the petitioner for consideration is whether the collection of the proposed deficiency is barred by operation of the statute of limitations.
The various provisions of the Revenue Acts of 1921, 1924, and 1926, which are pertinent to the issue raised, are as follows:
Section 250 (d) of the Revenue Act of 1921:
The amount of income, excess-profits, or war-profits taxes * * * due under any return made under this Act for prior taxable years or under prior income, excess-profits, or war-profits tax Acts, * * * shall be determined and assessed within five years…
2Cited by1 opinion
- Chattanooga Coke & Gas Co. v. CommissionerUnited States Board of Tax Appeals · 1928