Irvona Coal & Coke Co. v. Commissioner
This text of 18 B.T.A. 298 (Irvona Coal & Coke Co. v. Commissioner) is published on Counsel Stack Legal Research, covering United States Board of Tax Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
[300]*300OPINION.
The petitioner defends against the collection of the deficiency in tax asserted against it by the Commissioner and assessed in 1924, but not yet collected, on the ground that collection thereof is barred by statute. It will be noted that the so-called waiver relates to assessment, that by reason of the action of the Commissioner it expired on April 1, 1924 (Wirt Franklin, 7. B. T. A. 636), and that the assessment here in question was made prior to the passage of the Revenue Act of 1924. The position of the petitioner is well taken. Russell v. United States, 278 U. S. 181; C. B. Schaffer, 12 B. T. A. 298; Edwin J. Schoettle Co., 13 B. T. A. 950; J. F. Anderson Lumber Co., 15 B. T. A. 475.
Collection of the additional assessment is barred by the statute of limitations and an order to that effect, pursuant to section 906(e) of the Revenue Act of 1924, as amended by section 1000 of the Revenue Act of 1926, will be entered.
Reviewed by the Board.
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18 B.T.A. 298, Counsel Stack Legal Research, https://law.counselstack.com/opinion/irvona-coal-coke-co-v-commissioner-bta-1929.