Uptegrove Lumber Co. v. Commissioner of Internal Revenue

HASTIE, Circuit Judge.

The Commissioner of Internal Revenue assessed a deficiency in the taxpayer’s 1944 income and excess profits tax more than three years but less than five after taxpayer had filed its 1944 return. This delay has necessitated a determination whether the normal three-year statute of limitations, Section 275(a) of the Internal Revenue Code, 26 U.S.C. § 275(a), or the longer five-year period made applicable tQ certain deficiency claims by Section 275(c) 1 con trols this case. The Tax Court sustained the assessment as timely under Section 275(c) and the taxpayer has filed this…