# American Powder Mills v. Commissioner > United States Board of Tax Appeals · June 1, 1928 · 12 B.T.A. 305 URL: https://www.frixlaw.com/law-library/cases/4488308 ## Case - **Full name:** AMERICAN POWDER MILLS, v. COMMISSIONER OF INTERNAL REVENUE - **Court:** United States Board of Tax Appeals - **Decided:** June 1, 1928 - **Citations:** 12 B.T.A. 305; 1928 BTA LEXIS 3568 - **Precedential status:** Published - **Opinion:** Opinion of the court by Smith - **Judges:** Smith - **Cited by:** 0 later opinions in the Frix Law Library ## Citator (automated) - No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases. - Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4488308 ## Opinion text *309 OPINION. Smith : Except for the filing of the bond in this case the material facts are identical with those which obtained in Chicago Insulated Wire & Mfg. Co., 10 B. T. A. 1195, in which the Board held that collection of the deficiency involved in that proceeding was barred by the statute of limitations. The respondent has filed no brief in support of his contentions that the deficiency is not barred by the statute •of limitations in accordance with prior decisions of the Board. At the hearing of this proceeding counsel for the respondent placed his defense upon the fact that in the instant case the petitioner had filed a bond with the collector to secure him in case of an adverse ruling by the Board of Tax Appeals. The record of this action *310 shows, however, that the bond was filed upon the condition that it should not be considered as in any wise waiving any rights which the taxpayer might have under section 250(d) of the Revenue Act of 1921 or sections 277 and 278 of the Revenue Act of 1924. The bar of the statute of limitations imposed by section 250(d) of the Revenue Act of 1921 was not raised by the filing of the bond. C. B. Shaffer, 12 B. T. A. 298. Reviewed by the Board. Judgment of no deficiency will be entered. --- Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4488308. Public record. Not legal advice.