Chesterfield Textile Corp. v. Commissioner
United States Tax Court
1. Returns filed by petitioners, held, on the facts, fraudulent with intent to evade tax, making statute of limitations inapplicable. 2. Deficiencies determined, held, on the facts, not shown to be improper. 3. Part of each deficiency for both petitioners, held, on the facts, due to fraud. 4. A document denominated "tentative return," held, on the facts, not a proper return under section 51, I. R. C. 1939, and addition to tax for failure to file on time properly imposed.
1Opinion of the Court
OPINION.
OppeR, Judge:
As to the deficiencies against the petitioner corporation, Chesterfield, and with respect to the years 1943 and 1944, the evidence seems to us clearly to establish fraud. This is virtually admitted by the attempt made in the 1945 return to include unreported sales for all 3 years. Respondent has established that a total of almost $129,000 in cash sales,3 which were not recorded on petitioner’s books nor reported on its tax returns, were actually made. Of these, some $39,000 apply to 1943 and over $30,000 to 1944. The receipt of such large amounts of income for several…
2Cases cited8 opinions
- Zellerbach Paper Co. v. HelveringSupreme Court of the United States · 1934
- Cohen v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1949
- Cohen v. CommissionerUnited States Tax Court · 1947
- Kilpatrick v. CommissionerUnited States Tax Court · 1954
- Lillian Kilpatrick v. Commissioner of Internal Revenue, Commissioner of Internal Revenue v. Lillian KilpatrickCourt of Appeals for the Fifth Circuit · 1955
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3Cited by1 opinion
- Chesterfield Textile Corp. v. CommissionerUnited States Tax Court · 1958