Legal Opinion

Heasley v. Commissioner

United States Tax Court

Decided February 21, 1966No. Docket Nos. 3044-63, 1240-64PublishedCited by 16 opinions

1. Respondent's determination of loss carryover sustained for failure of proof by petitioner. 2. An amount properly assessed against petitioner as income tax prior to issuance of notice of deficiency and not subsequently abated does not constitute a portion of the statutory deficiency under the definition of deficiency contained in section 6211, I.R.C. 1954. 3. The evidence shows that petitioner derived income from the sale of grain in the amount of $ 3,591.53 in the year…

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1. Respondent's determination of loss carryover sustained for failure of proof by petitioner. 2. An amount properly assessed against petitioner as income tax prior to issuance of notice of deficiency and not subsequently abated does not constitute a portion of the statutory deficiency under the definition of deficiency contained in section 6211, I.R.C. 1954. 3. The evidence shows that petitioner derived income from the sale of grain in the amount of $ 3,591.53 in the year 1960. 4. A Federal income tax return filed on Form 1040 for the calendar year 1959 in the name of petitioner and her…

1Opinion of the Court

Scott, Judge:

Respondent determined deficiencies in petitioner’s income tax for tbe calendar years 1959 and 1960 in the a,mounts of $3,745.64 and $1,433.40, respectively.

The issues for decision are:(1) Whether for the calendar year 1959 petitioner is entitled to a loss carryover in excess of the amount allowed by respondent.(2) Whether, to the extent of $2,387.51, the deficiency in income tax determined by respondent for the year 1959 constituted a deficiency at the date the notice was issued.(3) Whether petitioner derived income from the sale of grain in the amount of $7,183.06 in the…

2Cases cited5 opinions

  1. Avery v. CommissionerSupreme Court of the United States · 1934
  2. M. G. STOLLER, Magdalene Stoller, Kenneth M. Stoller and Ellsworth J. Stoller v. the UNITED STATESUnited States Court of Claims · 1963
  3. Hastings & Co. v. SmithCourt of Appeals for the Third Circuit · 1955
  4. Fleming v. CommissionerUnited States Tax Court · 1959
  5. Mitchell v. SingstadDistrict Court, D. Maryland · 1959

3Cited by16 opinions

  1. Adams v. CommissionerUnited States Tax Court · 1979
  2. Bloomfield v. CommissionerUnited States Tax Court · 1969
  3. Martin v. CommissionerUnited States Tax Court · 1971
  4. CHM Co. v. CommissionerUnited States Tax Court · 1977
  5. Burford v. CommissionerUnited States Tax Court · 1984

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