545 United States Tax Cases Briefs of Federal And State Cases On Income Taxes

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Defendant brought error. Affirmed.
276 545 U. S. TAX CASES Facts: Plaintiff filed his first appeal with the Commissioner for the recovery of the taxes on Feb. 8, 1866, and this was rejected by the Commissioner on May 7, 1866, because it was not duly made on proper forms. Afterwards, on Jan. 8, 1868, he made an appeal in proper form which was entertained by the Commissioner and re- jected on January 22, 1879. The defense raised to this suit was the statute of limitations.
Question: (1) Should th
...e first appeal be treated as the basis for deterrnining the time within which plaintiff must bring his suit?
(2) Treating the second appeal as the one to be considered, was the action barred by plaintiff's failure to start suit within twelve months from the date of that appeal?
Decision : (1) The first appeal was rejected for mere informality by the Commissioner who entertained the subsequent appeal, made hi proper form, as rightly prosecuted. The latter was the appeal contemplated by the statute.


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