Legal Opinion

Schildhaus v. Commissioner

United States Tax Court

Decided December 23, 1969No. Docket No. 1422-65UnpublishedCited by 1 opinion

Petitioner had exclusive control over the checking accounts of several corporations. Respondent determined that certain unexplained disbursements and unexplained bank deposits of these corporations were diverted to petitioner's personal use, and therefore, were includable in his gross income. Held: 1. Petitioner sustained his burden of proving that respondent's determination was erroneous with respect to 14 of the disbursement items.

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Petitioner had exclusive control over the checking accounts of several corporations. Respondent determined that certain unexplained disbursements and unexplained bank deposits of these corporations were diverted to petitioner's personal use, and therefore, were includable in his gross income. Held: 1. Petitioner sustained his burden of proving that respondent's determination was erroneous with respect to 14 of the disbursement items. However, the remaining unexplained disbursements are includable in his gross income for 1954. 2. Petitioner has shown that Unity Estates, Inc. net deposits being…

1Opinion of the Court

Arnold Schildhaus v. Commissioner.

Schildhaus v. Commissioner

Docket No. 1422-65.

United States Tax Court

T.C. Memo 1969-283; 1969 Tax Ct. Memo LEXIS 9; 28 T.C.M. (CCH) 1463; T.C.M. (RIA) 69283;

December 23, 1969, Filed

Petitioner had exclusive control over the checking accounts of several corporations. Respondent determined that certain unexplained disbursements and unexplained bank deposits of these corporations were diverted to petitioner's personal use, and therefore, were includable in his gross income.

Held: 1. Petitioner sustained his burden of proving that respondent's determination was…

2Cases cited8 opinions

  1. Arnold Schildhaus v. Kenneth W. Moe, as District Director of Internal RevenueCourt of Appeals for the Second Circuit · 1964
  2. Williams v. CommissionerUnited States Tax Court · 1957
  3. Austin Clapp, Gloria Clapp, Stuart P. Clapp, and Virginia M. Clapp v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1963
  4. Reuben G. Lenske v. United StatesCourt of Appeals for the Ninth Circuit · 1967
  5. Carney Coal Co. v. CommissionerUnited States Board of Tax Appeals · 1928

3 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. United States v. WodtkeDistrict Court, N.D. Iowa · 1985

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