LOEWER REALTY CO. v. ANDERSON

No. 175.

31 F.2d 268 (1929)

LOEWER REALTY CO. v. ANDERSON, Collector of Internal Revenue.

Circuit Court of Appeals, Second Circuit.

March 4, 1929.


Attorney(s) appearing for the Case

Charles H. Tuttle, U. S. Atty., of New York City (Walter H. Schulman, Asst. U. S. Atty., of New York City, of counsel), for appellant.

Paskus, Gordon & Hyman, of New York City (Arthur B. Hyman, of New York City, of counsel), for appellee.

Before MANTON, SWAN, and AUGUSTUS N. HAND, Circuit Judges.


AUGUSTUS N. HAND, Circuit Judge (after stating the facts as above).

The question before us is whether the taxes were exacted at a time when the right to collect them was barred by the statute of limitations. When the taxpayer's return was filed on April 14, 1921, the Revenue Act of 1918 was in effect. That act (section 250 (d), 40 Stat. 1083) provided that the amount of the tax should be assessed by the Commissioner within five years after the return was made, and...

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