Opinion

National Tank & Export Co. v. Commissioner

  • 3 B.T.A. 1217
  • 1926 BTA LEXIS 2440
Court
United States Board of Tax Appeals
Filed
Apr 16, 1926
Status
Published
Author
Tkammell
On the bench
James, Littleton, Smith, Trtjssell, Tkammell
Cited by
4 cases

The opinion

Tkammell,

dissenting: I am unable to concur in the foregoing opinion for the reason that section 239 requires every corporation to file a return. This is modified by section 240, which is applicable only to affiliated corporations. These corporations were not affiliated and it is not claimed in this proceeding that they were affiliated. • The fact that they considered that they were when the consolidated return was filed is not material. The taxpayer does not now contend that the action of the Commissioner in rejecting the consolidated return was not in accordance with law. Not coming within the scope of section 240, the corporations are required by section 239 to file a return. The taxpayer, not having filed a return as required by law, the period of limitation provided in section 277 (a) (2) does not have application. The limitation does not begin to run until a return as required by law is filed by the taxpayer.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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