Legal Opinion

Don Casey Co. v. Commissioner

United States Tax Court

Decided October 28, 1986No. Docket No. 42107-84PublishedCited by 38 opinions

The Commissioner determined that the DC Co. owed certain deficiencies and that it was liable for the addition to tax for fraud under sec. 6653(b), I.R.C. 1954. The parties agreed that the statute of limitations had run unless the Commissioner proved fraud. After the trial, the Court rendered a bench opinion announcing that the Commissioner had failed to prove fraud and that therefore the company was not liable for the deficiency.

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The Commissioner determined that the DC Co. owed certain deficiencies and that it was liable for the addition to tax for fraud under sec. 6653(b), I.R.C. 1954. The parties agreed that the statute of limitations had run unless the Commissioner proved fraud. After the trial, the Court rendered a bench opinion announcing that the Commissioner had failed to prove fraud and that therefore the company was not liable for the deficiency. Thereafter, the company filed a motion for reimbursement of its litigation costs under sec. 7430, I.R.C. 1954. Held, in pursuing the litigation in this Court, the…

1Opinion of the Court

OPINION

SIMPSON, Judge:

This matter is now before us on a motion by the petitioner for reimbursement of its litigation costs under section 7430 of the Internal Revenue Code of 1954.1 The principal issue for decision is whether the Commissioner was unreasonable within the meaning of that section in pursuing the litigation in this Court.

The petitioner, Don Casey Co., Inc. (the company), was a Texas corporation with its principal office located in Garland, Texas. The company’s corporate charter was revoked on. August 10, 1983, by the secretary of state of the State of Texas, arid it has been…

2Cases cited25 opinions

  1. Alyeska Pipeline Service Co. v. Wilderness SocietySupreme Court of the United States · 1975
  2. Christiansburg Garment Co. v. Equal Employment Opportunity CommissionSupreme Court of the United States · 1978
  3. Mills v. Electric Auto-Lite Co.Supreme Court of the United States · 1970
  4. F. D. Rich Co. v. United States Ex Rel. Industrial Lumber Co.Supreme Court of the United States · 1974
  5. Stanley Spencer v. National Labor Relations BoardCourt of Appeals for the D.C. Circuit · 1983

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

3Cited by38 opinions

  1. Sher v. CommissionerUnited States Tax Court · 1987
  2. Sokol v. CommissionerUnited States Tax Court · 1989
  3. Powers v. CommissionerUnited States Tax Court · 1993
  4. Rutana v. CommissionerUnited States Tax Court · 1987
  5. Swanson v. CommissionerUnited States Tax Court · 1996

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

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