Matut v. Commissioner
United States Tax Court
Held: Sec. 6867, I.R.C. 1954, authorizes respondent to make an assessment under sec. 6851 or 6861 against a possessor of cash, and to hold one-half as the presumed tax liability of the owner, when the possessor disclaims ownership. A statutory notice must thereafter be issued. If the possessor of the cash petitions this Court, a person claiming ownership may litigate his claim in this proceeding.
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Held: Sec. 6867, I.R.C. 1954, authorizes respondent to make an assessment under sec. 6851 or 6861 against a possessor of cash, and to hold one-half as the presumed tax liability of the owner, when the possessor disclaims ownership. A statutory notice must thereafter be issued. If the possessor of the cash petitions this Court, a person claiming ownership may litigate his claim in this proceeding. If ownership is established in the claimant, we may then determine whether or not there is a deficiency or overpayment, taking into account the cash seized by respondent.
1Opinion of the Court
OPINION
WHITAKER, Judge:
The matter before the Court is respondent’s motion for summary judgment filed August 7, 1985, but the issue which we are required to decide is the interpretation of section 6867,1 added to the Code by the Tax Equity and Fiscal Responsibility Act of 1982, Pub. L. 97-248, 96 Stat. 324. In an opinion filed on May 2, 1985, 84 T.C. 803 (1985), we held that the petition of Albert Matut in his individual capacity should be dismissed upon respondent’s motion for failure to state a claim upon which relief can be granted, and we denied the motion of Mario Lignarolo to intervene…
2Cases cited11 opinions
- Sunshine Anthracite Coal Co. v. AdkinsSupreme Court of the United States · 1940
- Commissioner v. BrownSupreme Court of the United States · 1965
- Jacklin v. CommissionerUnited States Tax Court · 1982
- Espinoza v. CommissionerUnited States Tax Court · 1982
- Bird v. United StatesSupreme Court of the United States · 1902
6 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Matut v. CommissionerUnited States Tax Court · 1987
- Estate of Little v. CommissionerUnited States Tax Court · 1986
- Albert Matut, as the Possessor of Certain Cash v. Commissioner of Internal RevenueCourt of Appeals for the Eleventh Circuit · 1988
- Peoples Loan & Trust Co. v. CommissionerUnited States Tax Court · 1987
- Estate of Little v. CommissionerUnited States Tax Court · 1986
9 more not listed; retrieve them via the Exa API.