Louis Brandeis

“ The parts of the Revenue Act of 1921 which are repealed by this Act shall (except as provided in sections 280 and 316 and except as otherwise specifically provided in this Act) remain in force for * * * the assessment and collection, to the extent provided in the Revenue Act of 1921, of all taxes imposed by prior income, war-profits, or excess-profits tax acts, and for the assessment, imposition, and collection of all interest, penalties, or forfeitures which have accrued or may accrue in relation to any such taxes. ”

“ The government insists, in answer to this contention, that, even if clause (2) thus qualifies paragraph (c) , [1] the waiver is nevertheless valid either without express statutory authority or under the authority of the Revenue Act of 1921, § 250 (d) , [2] which, it is argued, remained in force by virtue of § 110 (b) of the Act of 1924. [3] We do not pass upon this contention of the government ”

“ Such an application, it was said, 'would be retroactive; and certainly it would produce radical change in the existing status of the claim against the petitioners-would extend for some five years, a liability which had almost expired.' 278 U.S. at page 187, 49 S.Ct. ”