Martin Hotel Co. v. Commissioner

Board of Tax Appeals

Martin Hotel Co. v. Commissioner

24 B.T.A. 899

CourtUnited States Board of Tax Appeals

DecidedNovember 24, 1931

DocketDocket No. 16275

StatusPublished

This text of 24 B.T.A. 899 (Martin Hotel 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.

Bluebook

Martin Hotel Co. v. Commissioner, 24 B.T.A. 899 (bta 1931).

Pincite

Opinion

[901]*901OPINION.

Lansdon:

The waivers adduced in evidence by the respondent prove that the time for the assessment of additional taxes against each of the three members of the affiliated group here involved was extended as provided by law to December 31, 1926. The deficiency notice was mailed on March 23, 1926, which was within the time limit as extended by such waivers. The asserted deficiencies have not been barred by the statute of limitations.

In its report in this proceeding, at page 826, 18 B. T. A., this Board held that the deficiencies asserted against the affiliated group for the year 1919, in the amount of $40,149, had been extinguished by the statute of limitations. The Commissioner erroneously excluded the amount of such deficiencies from the petitioners’ invested capital for 1920. Lancaster Lens Co., 10 B. T. A. 1153; National Products Co., 11 B. T. A. 511; Green River Distilling Co., 16 B. T. A. 395; S. Davidson & Bros., Inc., 21 B. T. A. 638.

Decision will be entered under Rule 50.

Free access — add to your briefcase to read the full text and ask questions with AI

[901]*901OPINION.

Lansdon:

The waivers adduced in evidence by the respondent prove that the time for the assessment of additional taxes against each of the three members of the affiliated group here involved was extended as provided by law to December 31, 1926. The deficiency notice was mailed on March 23, 1926, which was within the time limit as extended by such waivers. The asserted deficiencies have not been barred by the statute of limitations.

In its report in this proceeding, at page 826, 18 B. T. A., this Board held that the deficiencies asserted against the affiliated group for the year 1919, in the amount of $40,149, had been extinguished by the statute of limitations. The Commissioner erroneously excluded the amount of such deficiencies from the petitioners’ invested capital for 1920. Lancaster Lens Co., 10 B. T. A. 1153; National Products Co., 11 B. T. A. 511; Green River Distilling Co., 16 B. T. A. 395; S. Davidson & Bros., Inc., 21 B. T. A. 638.

Decision will be entered under Rule 50.

Cite This Page — Counsel Stack

Bluebook (online)

24 B.T.A. 899, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martin-hotel-co-v-commissioner-bta-1931.