Legal Opinion

Gajewski v. Commissioner

United States Tax Court

Decided November 10, 1976No. Docket No. 3518-74PublishedCited by 672 opinions

For calendar years 1967 through 1970, petitioners, who are farmers, filed Forms 1040 reporting no gross income or deductions but simply claiming that because the United States had gone off the gold standard, petitioners had no income in "dollars." Petitioners relied on 31 U.S.C. secs. 314 and 821 which provide the standard gold content of a dollar.

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For calendar years 1967 through 1970, petitioners, who are farmers, filed Forms 1040 reporting no gross income or deductions but simply claiming that because the United States had gone off the gold standard, petitioners had no income in "dollars." Petitioners relied on 31 U.S.C. secs. 314 and 821 which provide the standard gold content of a dollar. Petitioners had been previously convicted for willfully failing to file returns for 1967 through 1970, and their convictions had been affirmed on appeal, their "gold standard" defense having been rejected. Respondent's deficiency notices for 1967…

1Opinion of the Court

Hall, Judge:

Respondent determined deficiencies in petitioners’ Federal income taxes, and additions to taxes for fraud, as follows:

Loren R. Gajewski MervinA. Gajewski

Deficiency Sec. 6653(b)1 Deficiency Sec. 6653(b)

1967. $592.01 $296.00 $592.01 $296.00

1968. 2,127.05 1,063.52 2,127.05 1,063.52

1969. 2,603.30 1,301.65 2,603.30 1,301.65

1970. 2,137.06 1,068.53 2,137.06 1,068.53

In the event we do not sustain his determination with respect to fraud, respondent has, in the alternative, determined the following additions to taxes for failure to file (sec. 6651(a)) and negligence (sec. 6653(a)):

Loren R.…

2Cases cited24 opinions

  1. Commissioner v. SunnenSupreme Court of the United States · 1948
  2. Spies v. United StatesSupreme Court of the United States · 1943
  3. Botany Worsted Mills v. United StatesSupreme Court of the United States · 1929
  4. Beaver v. CommissionerUnited States Tax Court · 1970
  5. Knox v. LeeSupreme Court of the United States · 1871

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

3Cited by672 opinions

  1. Rowlee v. CommissionerUnited States Tax Court · 1983
  2. Petzoldt v. CommissionerUnited States Tax Court · 1989
  3. Wilkinson v. CommissionerUnited States Tax Court · 1979
  4. Niedringhaus v. CommissionerUnited States Tax Court · 1992
  5. Stephenson v. CommissionerUnited States Tax Court · 1982

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

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