James Clark McReynolds

“ The United States claim that section 278, Act of 1924, extended the limitation to March, 1930-six years after the assessment. Petitioners deny that the act of June 2, 1924, should be so construed. They maintain that it did not extend the period for suit where an assessment had been made prior to its passage, and say that section 278 (e) (2) , expressly negatives the contrary theory.
When the Revenue Act of 1924 passed, many parties were liable for taxes imposed by former acts-1921, 1918, etc. Against some there were assessments; others had not been assessed. ”

“ The amount of income, excess-profits, and war-profits taxes imposed by the Revenue Act of 1921, and by such Act as amended, for the taxable year 1921 and succeeding taxable years, and the amount of income taxes imposed by this Act, shall be assessed within four years after the return was filed, and no proceeding in court for the collection of such taxes shall be begun after the expiration of such period. ”

“ The legislative history of the act of 1924 lends support to the conclusion which we have reached. The changes introduced into the act of 1926 cannot authorize construction of the earlier one not consonant with the language there employed. ”