Harlan F. Stone

“ To avoid this conclusion here, respondent relies on section 1106 (a) of the Act of 1926 (26 USCA § 1249 note) , which provides that: 'The bar of the statute of limitations against the United States in respect of any internal-revenue tax shall not only operate to bar the remedy but shall extinguish the liability * * *.' This section, it is said, indicates a congressional intent that, once the liability of the taxpayer is extinguished, it should not be revived by waiver. ”

“ Several independent grounds are urged by the government to support the challenged deficiency assessment. The only one which we need now consider is that the waiver of November 6, 1926, unaided by the earlier ones, extended the time for the assessment against the respondent, as transferee of the Chemical Works until its expiry date, December 31, 1927. ”

“ The taxpayer cannot complain that Congress has availed itself of the consent which he has given, and cannot object that it did so by revival of the tax 'liability,' rather than by removing the bar of the statute as in McDonnell v. ”