Louis Brandeis

“ Attention is also called to section 281 (e) of the 1924 act, [6] which extended the time for making claims for refund where a waiver of assessment had been filed prior to certain specified dates, [7] and it is said that section 278 (c) , as interpreted, would, when read with section 281 (e) , result in a discrimination against those taxpayers who had signed a waiver after the statute had run. The argument is that such taxpayers would still be liable for the tax, but that no corresponding extension of the limitation on claims for refund would be given. ”

“ Moreover, a taxpayer who has signed a waiver and has had the validity of the alleged deficiency determined in the courts, on appeal from the Board's determination, has no good ground for complaint that he cannot thereafter raise the same question on a claim for refund. ”

“ This section shall not (1) authorize the assessment of a tax * * * if at the time of the enactment of this Act such assessment * * * was barred by the period of limitation then in existence * * *' 43 Stat. 300 (26 USCA § 1062 note) .↑ In the case at bar, the assessment would not have been barred until June 16, 1924, five years from the date of the return, and after the enactment of the 1924 act, so that section 278 (e) is wholly inapplicable. ”