Delsanter v. Commissioner
United States Tax Court
1. Partnership profits from a gambling casino determined in the light of the applicable burden of proof and evidence in the record. 2. Petitioners are liable for additions to tax for underestimation for 1948 and 1949 pursuant to section 294 (d) (2), I. R. C. 1939, and for failure to file declarations for 1949 pursuant to section 294 (d) (1) (A). However, they are not liable for additions to tax for 1948 under section 294 (d) (1) (A) by reason of having filed "zero"…
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1. Partnership profits from a gambling casino determined in the light of the applicable burden of proof and evidence in the record. 2. Petitioners are liable for additions to tax for underestimation for 1948 and 1949 pursuant to section 294 (d) (2), I. R. C. 1939, and for failure to file declarations for 1949 pursuant to section 294 (d) (1) (A). However, they are not liable for additions to tax for 1948 under section 294 (d) (1) (A) by reason of having filed "zero" declarations for that year. 3. Depreciation deductions on slot machines denied for failure of proof; deduction for loss resulting…
1Opinion of the Court
OPINION.
Eaum, Judge:
1. Petitioners Farah, Tobin, Coletto, and Delsante were partners in a gambling venture of considerable magnitude. The partnership operated a casino known as the Jungle, near Youngstown, Ohio, which provided its patrons with gambling facilities on an extensive scale. It continued to function during the taxable years until the casino was raided !by State authorities in the evening of August 12,1949.
Farah was plainly the dominant figure. The evidence shows that he furnished the physical facilities for the enterprise, that he controlled the bankroll, that he alone knew the…
2Cases cited6 opinions
- Acker v. CommissionerUnited States Tax Court · 1956
- Fuller v. CommissionerUnited States Tax Court · 1953
- Fuller v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1954
- Boyle, Flagg & Seaman, Inc. v. CommissionerUnited States Tax Court · 1955
- Rictor v. CommissionerUnited States Tax Court · 1956
1 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Weimerskirch v. CommissionerUnited States Tax Court · 1977
- Jackson v. CommissionerUnited States Tax Court · 1979
- Fred N. Acker v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1958
- Green v. CommissionerUnited States Tax Court · 1976
- Harbin v. CommissionerUnited States Tax Court · 1963
32 more not listed; retrieve them via the Exa API.