Court of Appeals for the Fifth Circuit December 8, 1961, 18831_1 (H. W. Myrick v. United States)

TUTTLE, Chief Judge.

This appeal presents the question whether the assessment and demand for payment of additional taxes for years as to which the taxpayer had an outstanding offer in compromise amounted to a “rejection” of the offer so as to start the running of the statute of limitations when in fact the offer was not formally rejected for some two years later.