Legal Opinion

Nicholas v. Commissioner

United States Tax Court

Decided September 26, 1978No. Docket Nos. 8223-74, 8224-74PublishedCited by 139 opinions

Respondent determined deficiencies in petitioners' tax liability based on records seized in a drug raid. Held, such evidence was legally seized and properly before the Court. Held, further, respondent proved unreported income of at least the amounts determined in the statutory notices. Held, further, a part of the deficiencies for each year was due to fraud. Held, further, petitioner wife fails to qualify as an innocent spouse.

1Opinion of the Court

Sterrett, Judge:

Respondent, by statutory notices dated September 9, 1974, determined deficiencies in petitioners' Federal income taxes as follows:

Sec. 6653(a)

Docket No. Taxable year Deficiency penalty

8223-74 .1971 $40,951.80 $20,475.90

8224-74 .1972 29,155.55 14,577.17

1973 753.74 376.87

These cases were consolidated for purposes of trial, briefing, and decision. The questions presented for our consideration are as follows: (1) Whether the records used by respondent in his determination were illegally seized and, therefore, should be suppressed; (2) whether respondent correctly determined…

2Cases cited15 opinions

  1. Warden, Maryland Penitentiary v. HaydenSupreme Court of the United States · 1967
  2. Holland v. United StatesSupreme Court of the United States · 1955
  3. United States v. JanisSupreme Court of the United States · 1976
  4. Marron v. United StatesSupreme Court of the United States · 1927
  5. Andresen v. MarylandSupreme Court of the United States · 1976

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

3Cited by139 opinions

  1. Parks v. CommissionerUnited States Tax Court · 1990
  2. Kluger v. CommissionerUnited States Tax Court · 1984
  3. Castillo v. CommissionerUnited States Tax Court · 1985
  4. Kanter v. CommissionerCourt of Appeals for the Seventh Circuit · 2009
  5. Tirado v. CommissionerUnited States Tax Court · 1980

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

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