# Fleitmann v. Commissioner

> United States Board of Tax Appeals · April 20, 1931 · 22 B.T.A. 1234

URL: https://www.frixlaw.com/law-library/cases/4491612

## Case

- **Full name:** MARIE J. J. FLEITMANN AND THOMAS CRIMMINS, EXECUTORS OF THE ESTATE OF HERMAN C. FLEITMANN, <emphasis typestyle="it">v.</emphasis> COMMISSIONER OF INTERNAL REVENUE
- **Court:** United States Board of Tax Appeals
- **Decided:** April 20, 1931
- **Citations:** 22 B.T.A. 1234; 1931 BTA LEXIS 1985
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Arundell
- **Judges:** Arundell
- **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/4491612

## Opinion text

*1235 opinion.
Arundell:
The effect of the first waiver, dated December 24, 1924, need not- bo decided as in our opinion those subsequently given are sufficient to extend the statutory period beyond the date of the deficiency notice. Brown & Sons Lumber Co. v. Burnet, 28 U. S. 283 , footnote 4.
The waivers dated February 17, 1926, extended the statutory period to December 31, 1926, and before that date, namely on November 8, 1926, a further waiver was given extending the time to December 31, 1927. Before the latter date the deficiency notice was mailed.
The arguments against the validity of the waivers of February 17, 1926, and November 8, 1926, are disposed of in our opinion in Frederick T. Fleitmann, 22 B. T. A. 1223, decided this day. In our opinion the waivers were effective to extend the time, the deficiency notice was timely sent, and assessment and collection are not barred.
This proceeding will he restored to the general calendar for hearing on the merits in due course.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4491612. Public record. Not legal advice.
