Neaderland v. Commissioner
United States Tax Court
Petitioner, a real estate broker, earned and reported commissions for the years 1954 and 1955 in the amounts of $ 58,573.31 and $ 96,307.23, respectively. On his returns for 1954 and 1955 he claimed business expense deductions in the amounts of $ 31,000 and $ 38,000, respectively. After petitioner was indicted for filing false and fraudulent returns for 1954 and 1955, he filed amended returns for said years taking business expense deductions in reduced amounts.
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Petitioner, a real estate broker, earned and reported commissions for the years 1954 and 1955 in the amounts of $ 58,573.31 and $ 96,307.23, respectively. On his returns for 1954 and 1955 he claimed business expense deductions in the amounts of $ 31,000 and $ 38,000, respectively. After petitioner was indicted for filing false and fraudulent returns for 1954 and 1955, he filed amended returns for said years taking business expense deductions in reduced amounts. The parties stipulated that the $ 31,000 in business expenses claimed as a deduction on petitioner's original 1954 return was…
1Opinion of the Court
OPINION
The main issue before us is whether any part of petitioner’s understatement of taxes for 1954 and 1955 was due to fraud with the intent to evade or defeat tax. We also must decide whether a business expense deduction in issue for each year is allowable in excess of the amounts already allowed. Unless there is fraud the statute of limitations will operate to bar the collection of any deficiencies. As will be seen later, the issue of fraud is decided for respondent, therefore, we will turn first to the issue concerning the business deductions to determine the extent of petitioner’s tax…
2Cases cited16 opinions
- Welch v. HelveringSupreme Court of the United States · 1933
- Cohan v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1930
- Helvering v. MitchellSupreme Court of the United States · 1938
- American Tobacco Co. v. United StatesSupreme Court of the United States · 1946
- Bolen Webb and Cornelia Webb v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1968
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3Cited by72 opinions
- Stratton v. CommissionerUnited States Tax Court · 1970
- Professional Services v. CommissionerUnited States Tax Court · 1982
- Hicks Co. v. CommissionerUnited States Tax Court · 1971
- Drobny v. CommissionerUnited States Tax Court · 1986
- Stephen B. Scallen and Chacke Y. Scallen v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1989
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