Legal Opinion

Chertkof v. Commissioner

United States Tax Court

Decided June 21, 1976No. Docket No. 2345-75Published

Held: Respondent has established that there was a circumstance of adjustment as described in sec. 1312(3)(A), I.R.C. 1954, and that petitioners maintained an inconsistent position within the ambit of sec. 1311(b)(1)(B). Accordingly, respondent is entitled to make the adjustment involved in this case for the year 1966, a year which would be otherwise barred by the statute of limitations.

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Held: Respondent has established that there was a circumstance of adjustment as described in sec. 1312(3)(A), I.R.C. 1954, and that petitioners maintained an inconsistent position within the ambit of sec. 1311(b)(1)(B). Accordingly, respondent is entitled to make the adjustment involved in this case for the year 1966, a year which would be otherwise barred by the statute of limitations. Petitioners' motion for summary judgment under Rule 121 that assessment and collection of a deficiency for that year is barred is accordingly denied.

1Opinion of the Court

Jack O. Chertkof and Sophie Chertkof, Petitioners v. Commissioner of Internal Revenue, Respondent

Chertkof v. Commissioner

Docket No. 2345-75

United States Tax Court

66 T.C. 496; 1976 U.S. Tax Ct. LEXIS 87;

June 21, 1976, Filed

Held: Respondent has established that there was a circumstance of adjustment as described in sec. 1312(3)(A), I.R.C. 1954, and that petitioners maintained an inconsistent position within the ambit of sec. 1311(b)(1)(B). Accordingly, respondent is entitled to make the adjustment involved in this case for the year 1966, a year which would be otherwise barred by the statute of…

2Cases cited11 opinions

  1. Helvering v. FullerSupreme Court of the United States · 1940
  2. Yagoda v. CommissionerUnited States Tax Court · 1962
  3. United States v. Ed RachalCourt of Appeals for the Fifth Circuit · 1962
  4. Herbert Birchenough and Edith Birchenough v. The United States. John J. Hurtz and Julia R. Hurtz v. The United StatesUnited States Court of Claims · 1969
  5. Priest Trust v. CommissionerUnited States Tax Court · 1946

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