Legal Opinion

Botwinik Bros. of Mass., Inc. v. Commissioner

United States Tax Court

Decided March 22, 1963No. Docket No. 93775Published

1. V.G., a minority stockholder in T corp., in charge of its books and records, misappropriated funds from T and falsely recorded such misappropriations in T's books and records as corporate expenses over a period of about 10 years. T's income tax returns were prepared from the books and records and reflected deductions for corporate expenses which V.G. had falsely recorded.

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1. V.G., a minority stockholder in T corp., in charge of its books and records, misappropriated funds from T and falsely recorded such misappropriations in T's books and records as corporate expenses over a period of about 10 years. T's income tax returns were prepared from the books and records and reflected deductions for corporate expenses which V.G. had falsely recorded. The majority stockholders and other officers were unaware of these misappropriations, and fired V.G. upon discovery. Held, in the circumstances of this case, T's returns for 1946-1954 were not false or fraudulent with…

1Opinion of the Court

Botwinik Brothers of Mass., Inc., Petitioner, v. Commissioner of Internal Revenue, Respondent

Botwinik Bros. of Mass., Inc. v. Commissioner

Docket No. 93775

United States Tax Court

39 T.C. 988; 1963 U.S. Tax Ct. LEXIS 174;

March 22, 1963, Filed

Decision will be entered under Rule 50.

1. V.G., a minority stockholder in T corp., in charge of its books and records, misappropriated funds from T and falsely recorded such misappropriations in T's books and records as corporate expenses over a period of about 10 years. T's income tax returns were prepared from the books and records and reflected deductions…

2Cases cited14 opinions

  1. Kann v. Commissioner of Internal Revenue. Kann's Estate v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1954
  2. L. Schepp Co. v. CommissionerUnited States Board of Tax Appeals · 1932
  3. Federbush v. CommissionerUnited States Tax Court · 1960
  4. Auerbach Shoe Co. v. CommissionerUnited States Tax Court · 1953
  5. United Mercantile Agencies, Inc. v. CommissionerUnited States Tax Court · 1955

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