COMMISSIONER OF INTERNAL REVENUE v. STETSON & ELLISON CO.

No. 4145.

43 F.2d 553 (1930)

COMMISSIONER OF INTERNAL REVENUE v. STETSON & ELLISON CO.

Circuit Court of Appeals, Third Circuit.

August 28, 1930.


Attorney(s) appearing for the Case

G. A. Youngquist, Asst. Atty. Gen., and Sewall Key and John Vaughan Groner, Sp. Assts. U. S. Atty. (C. M. Charest, Gen. Counsel, Bureau of Internal Revenue, and P. S. Crewe, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., for petitioner.

Robert A. Littleton, of Washington, D. C., for respondent.

Before WOOLLEY and DAVIS, Circuit Judges, and JOHNSON, District Judge.


DAVIS, Circuit Judge.

This is an appeal from an order of the United States Board of Tax Appeals holding that the Commissioner of Internal Revenue was without authority to make assessment of additional taxes upon the respondent company because they were assessed more than five years after the returns were made.

On June 16, 1919, Libby, McNeill & Libby filed a consolidated corporation income and profits tax return for the year ending December 31, 1918, in...

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