McCoy v. Commissioner
United States Tax Court
Petitioner's husband realized income in 1965 upon the incorporation of a partnership whose liabilities exceeded the adjusted basis of the transferred assets, but he did not report the gain in the joint income tax return filed that year. T.C.
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Petitioner's husband realized income in 1965 upon the incorporation of a partnership whose liabilities exceeded the adjusted basis of the transferred assets, but he did not report the gain in the joint income tax return filed that year. T.C. Memo, 1971-34. Held, petitioner is not relieved of joint and several liability for tax under sec. 6013(e), I.R.C. 1954, since her lack of knowledge of the omission was merely ignorance of the legal tax consequences of the incorporation, of which her husband was equally unaware.
1Opinion of the Court
TietjeNS, Judge:
The first opinion in this case was issued as a memorandum filed February 23, 1971. At that time we sustained, after minor adjustments, tbe deficiencies for 1964 and 1965 determined by tbe Commissioner in tbe individual income tax of tbe petitioners, wbo filed joint returns for tbe 2 calendar years and wbo at all times throughout tbis proceeding bave been living, together as husband and wife. After our decision was promulgated we granted petitioners’ motion to reconsider opinion concerning tbe possible application of section 6013(e),1 which was added to tbe Internal Revenue…
2Cases cited3 opinions
- Stone v. CommissionerUnited States Tax Court · 1971
- Sonnenborn v. CommissionerUnited States Tax Court · 1971
- Joss v. CommissionerUnited States Tax Court · 1971
3Cited by71 opinions
- Bettye A. Sanders v. United StatesCourt of Appeals for the Fifth Circuit · 1975
- Purcell v. CommissionerUnited States Tax Court · 1986
- Bokum v. CommissionerUnited States Tax Court · 1990
- Patricia A. Price v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1989
- Howard B. Quinn and Charlotte J. Quinn v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1975
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