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10 B.T.A. 102

Wickwire v. Commissioner

United States Board of Tax Appeals

Decided January 21, 1928

United States Board of Tax Appeals · decided 1928-01-21

The deficiency herein for the year 1917 is barred by the statute of limitations.

Cited by 13 later decisions — most recently March 1932

Relies on Franklin v. Commissioner · Appeal of Ocean Accident & Guarantee Corp. · O'Neill Mach. Co. v. Commissioner

Good law ✅— No negative treatment on recordhow we know

Decided 1928-01-21

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¶1*103OPINION.

Littleton:

¶2Upon the facts in this proceeding, the period within which the Commisioner could make collection of any deficiency for the year 1917 expired under the statute prior to his determination of May 18, 1925. The five-year period of limitation would have expired March, 1923, but for the consent entered into by the petitioner and the Commissioner. This consent operated to suspend the running of the statute of limitations only until April 1, 1924. Wirt Franklin, 7 B. T. A. 636; O’Neill Machine Co., 9 B. T. A. 567; Ocean Accident & Guarantee Corporation, Ltd., 6 B. T. A. 1045.

¶3Judgment of no deficiency will he entered.

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