Harbin v. Commissioner
United States Tax Court
Held, in view of petitioner's failure to keep any records of his wagering transactions, his failure to appear at the trial or to offer any evidence from which his net income might more accurately be determined, and the ineffectiveness of efforts of respondent's agent to discover other facts which might enable him to compute petitioner's net income by other recognized methods, respondent's determination of the deficiency herein, based upon testimony of the petitioner and…
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Held, in view of petitioner's failure to keep any records of his wagering transactions, his failure to appear at the trial or to offer any evidence from which his net income might more accurately be determined, and the ineffectiveness of efforts of respondent's agent to discover other facts which might enable him to compute petitioner's net income by other recognized methods, respondent's determination of the deficiency herein, based upon testimony of the petitioner and findings of this Court in a proceeding involving the tax liability of the petitioner for prior years, was justified and…
1Opinion of the Court
Bruce, Judge:
Respondent determined a deficiency in the income tax of petitioners for the year 1957 in the amount of $23,409.11, and an addition to tax under section 6653(a) of the Internal Revenue Code of 1954 for negligence or intentional disregard of rules and regulations in the amount of $1,170.46.
Petitioners have conceded certain adjustments made by respondent for additional interest income and for depreciation. The only issues presented are whether respondent’s determination of additional wagering income for 1957 was arbitrary, and whether petitioners are liable for an addition to tax…
2Cases cited15 opinions
- United States v. JohnsonSupreme Court of the United States · 1943
- Schroeder v. CommissionerUnited States Tax Court · 1963
- Poncet Davis v. United StatesCourt of Appeals for the Sixth Circuit · 1955
- Durkee v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1947
- Ellis Campbell, Jr., District Director of Internal Revenue v. M. F. Guetersloh, Emma Guetersloh, Chris D. Guetersloh, and Viola GueterslohCourt of Appeals for the Fifth Circuit · 1961
10 more not listed; retrieve them via the Exa API.
3Cited by64 opinions
- Bixby v. CommissionerUnited States Tax Court · 1972
- Weimerskirch v. CommissionerUnited States Tax Court · 1977
- Conforte v. CommissionerUnited States Tax Court · 1980
- Gordon v. CommissionerUnited States Tax Court · 1974
- Hamilton v. United StatesDistrict Court, S.D. New York · 1969
59 more not listed; retrieve them via the Exa API.