Gobins v. Comm'r
United States Tax Court
1. Jelwan, the taxpayer, transferred all or substantially all of his property to petitioner in fraud of creditors and in partial consideration for petitioner's promise of future support. By reason of such transfer, respondent determined that petitioner was liable as transferee of Jelwan's property for a deficiency in income tax, an addition to tax for fraud, and interest.
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1. Jelwan, the taxpayer, transferred all or substantially all of his property to petitioner in fraud of creditors and in partial consideration for petitioner's promise of future support. By reason of such transfer, respondent determined that petitioner was liable as transferee of Jelwan's property for a deficiency in income tax, an addition to tax for fraud, and interest. Jelwan was a diabetic and, at the time of the transfers, was in the hospital where his remaining leg was amputated. Petitioner expended from the money received certain sums in constructing and furnishing an apartment in the…
1Opinion of the Court
OPINION.
TdeneR, Judge:
Pursuant to the provisions of section 311 of the Internal Revenue Code,2 the respondent has determined that petitioner was transferee of property of Kay Jelwan and, as such transferee, is liable in an amount equal to the deficiency in income tax determined against Jelwan for 1948, the addition thereto for fraud, and interest. The petitioner in this proceeding contests both the determination of the deficiency and fraud penalty against Jelwan and the determination of transferee liability therefor against her. Under section 1119 of the Internal Revenue Code, the burden of…
2Cases cited23 opinions
- Cohan v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1930
- Halle v. CommissionerUnited States Tax Court · 1946
- Halle v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1949
- Massachusetts v. United StatesSupreme Court of the United States · 1948
- Price v. United StatesSupreme Court of the United States · 1926
18 more not listed; retrieve them via the Exa API.
3Cited by82 opinions
- Estate of Mason v. CommissionerUnited States Tax Court · 1975
- Southern Pacific Transp. Co. v. CommissionerUnited States Tax Court · 1980
- Mensik v. CommissionerUnited States Tax Court · 1962
- Truesdell v. Comm'rUnited States Tax Court · 1987
- Cathy Miller Hardy v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1999
77 more not listed; retrieve them via the Exa API.