Cary v. Commissioner
United States Tax Court
Petitioner on advice of his accountant, concurred in by his attorney, signed on Mar. 24, 1961, and submitted to respondent a Form 872 purporting to extend the statute of limitations with respect to any income tax due under any return made by him for the taxable year ended "6-30-62." This form was submitted at a time when petitioner's income tax return filed Apr. 15, 1958, for the calendar year 1957 was under investigation.
Read the full summary
Petitioner on advice of his accountant, concurred in by his attorney, signed on Mar. 24, 1961, and submitted to respondent a Form 872 purporting to extend the statute of limitations with respect to any income tax due under any return made by him for the taxable year ended "6-30-62." This form was submitted at a time when petitioner's income tax return filed Apr. 15, 1958, for the calendar year 1957 was under investigation. After receipt of the Form 872 and at least 15 days prior to the expiration of the statute of limitations for the calendar year 1957, someone in respondent's office altered…
1Opinion of the Court
Scott, Judge:
Eespondent determined deficiencies in petitioner’s income taxes for tbe calendar years 1957 and 1958 in tbe amounts of $25,985.95 and $10,119.09, respectively.
At tbe trial the parties stipulated that there was an overpayment in petitioner’s income tax for tbe taxable year 1958 and that a decision might be entered in accordance with that stipulation at tbe time of entry of decision in this case, and further stipulated that there is a deficiency in income tax due from petitioner for tbe taxable year 1957 in tbe amount of $10,240.73 if tbe assessment and collection of income tax for…
2Cases cited18 opinions
- R. H. Stearns Co. v. United StatesSupreme Court of the United States · 1934
- Concrete Engineering Co. v. Commissioner of Int. Rev.Court of Appeals for the Eighth Circuit · 1932
- Liberty Baking Co. v. HeinerCourt of Appeals for the Third Circuit · 1930
- Frederic P. Holbrook, Trustee in Bankruptcy of the Estate of Mitchell H. Hewitt, Bunkrupt v. United StatesCourt of Appeals for the Ninth Circuit · 1960
- Crown Willamette Paper Co. v. McLaughlinCourt of Appeals for the Ninth Circuit · 1936
13 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Kronish v. CommissionerUnited States Tax Court · 1988
- Piarulle v. Comm'rUnited States Tax Court · 1983
- Century Data Sys. ex rel. California Computer Prods. v. CommissionerUnited States Tax Court · 1986
- Jordan v. Comm'rUnited States Tax Court · 2010
- J.H. Rutter Rex Mfg. Company, Inc. v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1988
22 more not listed; retrieve them via the Exa API.