Hollie v. Commissioner
United States Tax Court
Subsequent to a termination assessment for the period Jan. 1, 1973, to Nov. 12, 1973, respondent collected funds belonging to petitioner in an amount in excess of the amount for which, the parties now agree, petitioner is liable for Federal income taxes and additions to tax for the full taxable year 1973. Held, refund of the amount by which the funds collected by respondent as a result of the termination assessment exceed petitioner's tax liability for the year 1973, as…
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Subsequent to a termination assessment for the period Jan. 1, 1973, to Nov. 12, 1973, respondent collected funds belonging to petitioner in an amount in excess of the amount for which, the parties now agree, petitioner is liable for Federal income taxes and additions to tax for the full taxable year 1973. Held, refund of the amount by which the funds collected by respondent as a result of the termination assessment exceed petitioner's tax liability for the year 1973, as agreed upon by the parties, is barred by the expiration of the statutory periods of limitation ( sec. 6512(b)(2), I.R.C.…
1Opinion of the Court
Tannenwald, Judge:
Respondent determined a deficiency in petitioner’s Federal income tax for the year 1973 and additions to tax as follows:
_Additions to tax_
Deficiency Sec. 6651(a)1 Sec. 6653(a) Sec. 665U
$101,779 $25,444.75 $5,088.95 $3,256,93
The parties have agreed that petitioner is liable for income tax for the taxable year 1973 in the amount of $50,154, with additions to tax under sections 6651(a), 6653(a), and 6654 of $12,538.50, $2,507.70, and $1,604.93, respectively. The only issue for decision is whether petitioner is entitled to a refund of funds collected from him as a result of a…
2Cases cited42 opinions
- United States v. CorrellSupreme Court of the United States · 1967
- Bingler v. JohnsonSupreme Court of the United States · 1969
- United States v. Memphis Cotton Oil Co.Supreme Court of the United States · 1933
- United States v. Felt & Tarrant Manufacturing Co.Supreme Court of the United States · 1931
- United States v. KalesSupreme Court of the United States · 1941
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3Cited by18 opinions
- Naftel v. CommissionerUnited States Tax Court · 1985
- PALA, Inc. Employees Profit Sharing Plan & Trust Agreement v. United StatesCourt of Appeals for the Fifth Circuit · 2000
- VDO-ARGO Instruments, Inc. v. United StatesUnited States Court of Claims · 1983
- Estate of Fink v. United StatesDistrict Court, E.D. Michigan · 1986
- Anderson v. CommissionerUnited States Tax Court · 1993
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