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17 B.T.A. 314

Moore v. Commissioner

United States Board of Tax Appeals

Decided September 1, 1929

United States Board of Tax Appeals · decided 1929-09-01

A consent executed by an administrator in 1925, more than five years after the filing by the decedent of his income-tax return for 1918, held valid and served to extend the period for assessment and collection of the tax for that year.

Cited by 5 later decisions — most recently October 1930

1 district ·

Good law ✅— No negative treatment on recordhow we know

Decided 1929-09-01

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Love,

¶1dissenting: I dissent from the opinion and decision in this case, and the grounds upon which I dissent are stated as briefly as possible, as follows:

¶2(1) Limitation statutes in tax liability matters may not be construed in the same way that such statutes are applied with reference to contract liabilities.

¶3(2) A tax liability is not a debt.

¶4(3) A tax liability can be created only by statute; it can not be created by contract.

¶5(4) When the bar of limitation falls, and bars the remedy which Congress provided for the enforcement of the liability, the liability ceases — that is, it is dead.

¶6(5) A dead tax liability can no more be revitalized by contract than it could originally have been created by contract.

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