DILKS v. BLAIR

No. 3844.

23 F.2d 831 (1927)

DILKS v. BLAIR, Commissioner of Internal Revenue.

Circuit Court of Appeals, Seventh Circuit.

December 3, 1927.


Attorney(s) appearing for the Case

Benjamin Mahler, of New York City, for plaintiff in error.

James A. O'Callaghan, of Chicago, Ill., for defendant in error.

Before ALSCHULER, EVANS, and PAGE, Circuit Judges.


ALSCHULER, Circuit Judge.

The Board of Tax Appeals dismissed the petition for review on the ground that it reached the board one day too late — 61 days after the mailing by the Commissioner of notice of determination of deficiency of $27,473.74 on petitioner's federal income tax for the year 1921, instead of 60 days, as prescribed by section 274 of the Revenue Act of 1924 (26 USCA §§ 1048-1054 [U. S. Comp. St. § 6336 1/6zz[1]).

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