Bales v. Commissioner
United States Tax Court
1. The unexpired portion of the statute of limitations remaining at the time the deficiency notice was mailed may be carried over and added to the 60-day period allowed in section 277 of the Internal Revenue Code for the purpose of assessing a taxpayer for income taxes. Olds & Whipple, Inc. v. United States, (Ct.
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1. The unexpired portion of the statute of limitations remaining at the time the deficiency notice was mailed may be carried over and added to the 60-day period allowed in section 277 of the Internal Revenue Code for the purpose of assessing a taxpayer for income taxes. Olds & Whipple, Inc. v. United States, (Ct. Cl.) 22 F. Supp. 809, followed. 2. The petitioner is the transferee of the proceeds of certain life insurance policies in which she was named as beneficiary, the insured having died insolvent. North Carolina constitutional and statutory provisions exempting proceeds of life insurance…
1Opinion of the Court
OPINION.
ArundeiiL, Judge:
Before turning to the merits of the question of petitioner’s liability as transferee, we will consider whether the statute of limitations bars the respondent from proceeding against her.
In issue are her husband’s income taxes for 1946 and 1947. In the view we take, the facts concerning the 1946 return are critical and if the petitioner’s liability is not extinguished by the statute of limitations for that year, then her liability for 1947 is also open.
When the respondent mailed his notice of deficiency to the petitioner as administratrix of her husband’s estate, 78…
2Cases cited7 opinions
- Pearlman v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1946
- Olds & Whipple, Inc. v. United StatesUnited States Court of Claims · 1938
- Muller v. CommissionerUnited States Tax Court · 1948
- Pearlman v. CommissionerUnited States Tax Court · 1944
- Brooks v. DriscollCourt of Appeals for the Third Circuit · 1940
2 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Ramirez v. United StatesUnited States Court of Claims · 1976
- C.C. Gunn v. United StatesCourt of Appeals for the Eighth Circuit · 1960
- Stoumen v. CommissionerUnited States Tax Court · 1957
- Ripley v. CommissionerUnited States Tax Court · 1995
- United States v. Dorothy B. Truax, Individually and as Administratrix of the Estate of Layton E. TruaxCourt of Appeals for the Fifth Circuit · 1955
15 more not listed; retrieve them via the Exa API.