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Wright v. Commissioner of Internal Revenue

Circuit Court of Appeals, Fourth Circuit
Jan 18, 1939
101 F.2d 309 (4th Cir. 1939)

Opinion

No. 4415.

January 18, 1939.

On Petition to Review the Decision of the United States Board of Tax Appeals.

Petition by Daniel Thew Wright to review a decision of the Board of Tax Appeals redetermining a deficiency in a tax imposed by the Commissioner of Internal Revenue.

Decision affirmed.

Meredith M. Daubin, of Washington, D.C., for petitioner.

Earl C. Crouter, Sp. Asst. to Atty. Gen. (James W. Morris, Asst. Atty. Gen., and Sewall Key, Sp. Asst. to Atty. Gen., on the brief), for respondent.

Before PARKER and SOPER, Circuit Judges, and CHESTNUT, District Judge.


This is a petition to review a decision of the Board of Tax Appeals. The only question involved is whether a deficiency notice mailed by the Commissioner of Internal Revenue to the taxpayer was sufficient to toll the running of the statute of limitations. The address of the taxpayer given on his tax return was 917 15th Street N.W., Washington, D.C. The deficiency notice was addressed to him at 915 15th Street, N.W., Washington, D.C., and was sent by registered mail. It was delivered at his office to an employee authorized to receive and open his mail. The objection made is that the address on the deficiency notice did not correspond with that on the tax return; but it is undisputed that the notice was delivered at taxpayer's office and we think that the receipt by the employee under the circumstances shown was equivalent to receipt by taxpayer himself. The slight error in the street address did no harm; and we agree with the Board that "the contention made is devoid of any merit".

Affirmed.


Summaries of

Wright v. Commissioner of Internal Revenue

Circuit Court of Appeals, Fourth Circuit
Jan 18, 1939
101 F.2d 309 (4th Cir. 1939)
Case details for

Wright v. Commissioner of Internal Revenue

Case Details

Full title:WRIGHT v. COMMISSIONER OF INTERNAL REVENUE

Court:Circuit Court of Appeals, Fourth Circuit

Date published: Jan 18, 1939

Citations

101 F.2d 309 (4th Cir. 1939)

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