United States Supreme Court Cases & Opinions

U.S. Supreme Court

Lucas v. Pilliod Lumber Co., 281 U.S. 245 (1930)

Lucas v. Pilliod Lumber Co.

No. 356

Argued January 14, 1930

Decided April 14, 1930

281 U.S. 245

Syllabus

1. The five-year period of limitations prescribed by the Revenue Act of 1924, § 277(a)(2), limiting the time within which after the filing of a return taxes under the Revenue Act of 1918 might be determined and assessed, does not begin to run from the time of the filing of a "tentative return," nor from the time of the filing of a return not verified by the proper corporate officers as required by § 239 of the Act of 1918. P. 281 U. S. 247.

2. A statute of limitations runs against the government only when it assents and upon the conditions prescribed. P. 281 U. S. 249.

3. The requirement of § 239 of the Revenue Act of 1918 that returns of corporations shall be sworn to as specified, is not subject to waiver. Id.

33 F.2d 245 reversed.

Certiorari, 280 U.S. 544, to review a decree of the circuit court of appeals which reversed a decision of the Board of Tax Appeals, 7 B.T.A. 591, sustaining an assessment

Page 281 U. S. 246

of deficiency in income and profits taxes of respondent.