Estate of Schneider v. Comm'r
United States Tax Court
1. Held, the returns of Harry Schneider were false and fraudulent and a part of each deficiency was due to fraud with intent to evade tax for each of the years 1944 through 1950. 2. Held, beneficiaries of various "Totten trusts" are liable as transferees, to the extent of trust assets individually received, for deficiencies and additions to tax determined against decedent for years 1944 through 1950. 3. Held, transferees of assets of decedent are liable to the extent of…
Read the full summary
1. Held, the returns of Harry Schneider were false and fraudulent and a part of each deficiency was due to fraud with intent to evade tax for each of the years 1944 through 1950. 2. Held, beneficiaries of various "Totten trusts" are liable as transferees, to the extent of trust assets individually received, for deficiencies and additions to tax determined against decedent for years 1944 through 1950. 3. Held, transferees of assets of decedent are liable to the extent of assets received for deficiencies and additions to tax determined against decedent for years 1944 through 1950.
1Opinion of the Court
OPINION.
Van Fossan, Judge:
The first issue is that of fraud. Eespondent urges that the decedent filed a false and fraudulent return for each of the years 1944 through 1950. The establishment of fraud in each particular year is essential to further consideration of the case for that year. If there was no fraud, the statute of limitations has run against any deficiency which may exist.3
To establish fraud by direct proof of intention is seldom possible. Usually it must be gleaned from the several transactions in question and the conduct of the taxpayer relative thereto. M. Rea Gano, 19 B.T.A.…
2Cases cited8 opinions
- Helvering v. CliffordSupreme Court of the United States · 1940
- In Re the Accounting of TottenNew York Court of Appeals · 1904
- Gano v. CommissionerUnited States Board of Tax Appeals · 1930
- Tauber v. CommissionerUnited States Tax Court · 1955
- Papineau v. CommissionerUnited States Tax Court · 1957
3 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Palmer v. CommissionerUnited States Tax Court · 1974
- Stein v. CommissionerUnited States Tax Court · 1962
- Estate of Goodall v. CommissionerCourt of Appeals for the Eighth Circuit · 1968
- Estate of Robert A. Goodall, Deceased, C. M. Goodall v. Commissioner of Internal Revenue, Estate of Robert A. Goodall, Deceased, Clarice M. Goodall v. Commissioner of Internal Revenue, (Two Cases). Estate of Robert A. Goodall, Deceased, Clarice M. Goodall, and Clarice M. Goodall v. Commissioner of Internal Revenue, C. M. Goodall v. Commissioner of Internal Revenue, Good-All Electric Mfg. Co. v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1968
- ChaconUnited States Tax Court · 1992
11 more not listed; retrieve them via the Exa API.