National City Bank v. Commissioner
United States Board of Tax Appeals
1. The income tax returns filed by the decedent for 1922 and 1923 were fraudulent and made with intent to evade taxes because of his omission therefrom of distributions of earnings of the Continental Trading Co., Ltd. The deficiencies, resulting, in part, from the action of the Commissioner in including the earnings in gross income of the decedent for the respective years, are approved.
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1. The income tax returns filed by the decedent for 1922 and 1923 were fraudulent and made with intent to evade taxes because of his omission therefrom of distributions of earnings of the Continental Trading Co., Ltd. The deficiencies, resulting, in part, from the action of the Commissioner in including the earnings in gross income of the decedent for the respective years, are approved. The decedent having died prior to the determination of the deficiencies, no fraud penalties are involved. 2. The tax on income of a decedent for taxable periods for which fraudulent returns were filed with…
1Opinion of the Court
*988OPINION.
Disney:
The parties are in agreement (except for an alternative question raised by the petitioner, hereinafter discussed) that assessment and collection of taxes involved herein are barred by the statute of limitations unless the decedent filed fraudulent returns for' the taxable years with intent to evade taxes. In such cases the “amount of tax due may be determined, assessed, and collected, * * * at any time after it becomes due.” Sec. 250 (d), Revenue Act of 1921. The decedent having died prior to the determination of the deficiencies, fraud penalties are not involved.
The respondent…
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3Cited by15 opinions
- Nerem v. CommissionerUnited States Tax Court · 1963
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