Gould-Mersereau Co. v. Commissioner
United States Board of Tax Appeals
1. The period for assessment having been extended by a consent in writing, deficiencies asserted within the period as so extended are not barred from assessment and collection. 2. The action of the Commissioner will not be disturbed where no error with respect thereto was asserted in the pleadings nor tried at the hearing and where it was raised for the first time in the brief filed for petitioner. 3. The presumption that the action of the Commissioner is correct is not…
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1. The period for assessment having been extended by a consent in writing, deficiencies asserted within the period as so extended are not barred from assessment and collection. 2. The action of the Commissioner will not be disturbed where no error with respect thereto was asserted in the pleadings nor tried at the hearing and where it was raised for the first time in the brief filed for petitioner. 3. The presumption that the action of the Commissioner is correct is not overcome by the submission in evidence of a revenue agent's report which the Commissioner did not follow. Nor will the Board…
1Opinion of the Court
*1323OPINION.
Phillips :
We will discuss the errors in the order in which they are numbered in our opening statement.(1) There is no merit in petitioner’s first contention in so far as it alone is concerned. In February, 1926, and within five years from the date of filing of its return for 1920 and within four years from the filing of its return for 1921, petitioner and respondent consented in writing to extend to December 31, 1926, the time within which the taxes for these years might be assessed. Before the expiration of that period respondent mailed his deficiency notice, and within sixty days…
2Cases cited3 opinions
- Botany Worsted Mills v. United StatesSupreme Court of the United States · 1929
- Russell v. United StatesSupreme Court of the United States · 1929
- Duffy v. Central R. Co. of NJSupreme Court of the United States · 1925
3Cited by10 opinions
- Fifteenth & Chestnut Realty Co. v. CommissionerUnited States Board of Tax Appeals · 1934
- Danskin, Inc. v. Comm'rUnited States Tax Court · 1963
- Bourg v. CommissionerUnited States Tax Court · 1961
- Danskin, Inc. v. Comm'rUnited States Tax Court · 1963
- Gould-Mersereau Co. v. CommissionerUnited States Board of Tax Appeals · 1931
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