Legal Opinion

Beringer v. Commissioner

United States Board of Tax Appeals

Decided October 31, 1933No. Docket No. 68868Published

Where a petition assails both the deficiency and the fraud penalty, a failure of the petitioner to file a reply to the affirmative allegations of the answer as required by Rule 15 is not sufficient foundation for a motion for judgment in the full amount of deficiency an penalty.

1Opinion of the Court

SOLOMON BERINGER, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Beringer v. Commissioner

Docket No. 68868.

United States Board of Tax Appeals

29 B.T.A. 250; 1933 BTA LEXIS 975;

October 31, 1933, Promulgated

Where a petition assails both the deficiency and the fraud penalty, a failure of the petitioner to file a reply to the affirmative allegations of the answer as required by Rule 15 is not sufficient foundation for a motion for judgment in the full amount of deficiency an penalty.

Bernard D. Hathcock, Esq., for the respondent.

STERNHAGEN

OPINION.

STERNHAGEN: The Commissioner made the…

2Cases cited1 opinion

  1. Beringer v. CommissionerUnited States Board of Tax Appeals · 1933

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API