Smoot v. Commissioner
United States Board of Tax Appeals
1. Where no petition has been filed with this Board against a deficiency notice issued pursuant to section 274 of the Revenue Act of 1926, respondent is not barred from issuing a second notice covering the same taxable period. 2. Held, (a) petitioner acquired a valuable and exhaustible right of license or privilege to remove deposits of sand and gravel from a navigable stream under a contract between himself and the riparian property owner as required by the Maryland statue;…
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1. Where no petition has been filed with this Board against a deficiency notice issued pursuant to section 274 of the Revenue Act of 1926, respondent is not barred from issuing a second notice covering the same taxable period. 2. Held, (a) petitioner acquired a valuable and exhaustible right of license or privilege to remove deposits of sand and gravel from a navigable stream under a contract between himself and the riparian property owner as required by the Maryland statue; (b) the subsequent owner of the property, by his conduct, ratified the contract, adopted it as his own and, having…
1Opinion of the Court
*1041OPINION.
GoodkiCH:
We have previously held that where no petition is filed with this Board appealing from a deficiency notice issued by the Commissioner in accordance with section 274 of the Revenue Act of 1926, a second deficiency notice for the same taxable period may be issued. Gilbert B. Goff, 18 B. T. A. 283. Following that decision, we hold that respondent did not err in issuing the deficiency notice of October 8,1927, that the notice was valid, and appeal therefrom lies to this Board.
The remaining issues, which in reality are one and the same, present greater difficulty'. Respondent…
2Cases cited12 opinions
- Wiggins Ferry Co. v. Ohio & Mississippi Railway Co.Supreme Court of the United States · 1892
- United States v. R. P. Andrews & Co.Supreme Court of the United States · 1907
- Day v. DayCourt of Appeals of Maryland · 1865
- Winslow v. Baltimore & Ohio RailroadSupreme Court of the United States · 1903
- Chicago & Alton Railroad v. Chicago, Vermilion & Wilmington Coal Co.Illinois Supreme Court · 1875
7 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Stemkowski v. CommissionerUnited States Tax Court · 1981
- Skaneateles Paper Co. v. CommissionerUnited States Board of Tax Appeals · 1933
- Hindes v. CommissionerUnited States Board of Tax Appeals · 1933
- Epstein v. CommissionerUnited States Tax Court · 1989
- Huss v. SmithDistrict Court, E.D. Pennsylvania · 1957
8 more not listed; retrieve them via the Exa API.