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UNITED STATES V. GARBUTT OIL CO., 302 U. S. 528 (1938)

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U.S. Supreme Court

United States v. Garbutt Oil Co., 302 U.S. 528 (1938)

United States v. Garbutt Oil Co.

No. 262

Argued December 9, 1937

Decided January 3, 1938

302 U.S. 528

Syllabus

1. An oil operating company made timely claim for refund of an additional income tax, basing it upon the specific grounds that proper deduction for amortization had not been made, and that, in respect of excess profits tax, it invested capital had been understated. While this claim was pending, it sought to amend by setting up as a further ground that, during the tax year, it had received no income taxable, because its entire production of oil had been distributed in kind to its lessors and to its shareholders. Held not a permissible amendment, but a new claim untimely filed. United States v. Andrews, ante, p. 302 U. S. 517. P. 302 U. S. 531.

2. The Commissioner of Internal Revenue is without power to waive the bar of the statute of limitations against a claim for a tax refund. P. 302 U. S. 533.

89 F.2d 749 reversed.

Certiorari, post, p. 671, to review the reversal of a judgment for the United States in an action to recover an alleged overpayment of income tax.


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