May v. Comm'r
United States Tax Court
P-H's corporation reduced P-H's paycheck by amounts that were not remitted to the Government. R determined fraud penalties and disallowed deductions for State and local income taxes. Ps claim this Court does not have jurisdiction to redetermine underpayments, that no underpayments exist, that P-H is not liable for fraud penalties, and that the deductions for State and local taxes are proper.
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P-H's corporation reduced P-H's paycheck by amounts that were not remitted to the Government. R determined fraud penalties and disallowed deductions for State and local income taxes. Ps claim this Court does not have jurisdiction to redetermine underpayments, that no underpayments exist, that P-H is not liable for fraud penalties, and that the deductions for State and local taxes are proper. Held: This Court has jurisdiction to redetermine the applicability of sec. 6663, I.R.C., penalties for fraud resulting from overstated withholding tax credits. Held, further, an "underpayment" includes a…
1Opinion of the Court
Goeke, Judge:
Respondent determined deficiencies in petitioners’ 1994, 1995, and 1996 joint Federal income taxes of $7,659, $10,389, and $8,771, respectively, as a result of unpaid State and local income taxes deducted on petitioners’ returns. Respondent also determined penalties for fraud under section 66631 for 1994, 1995, and 1996 against Mark May (Mr. May) of $84,957.75, $89,748.75, and $70,160.25, respectively, resulting from the deficiencies and overstated credits for taxes withheld from wages. Respondent separately determined that Cynthia May (Mrs. May) is not entitled to relief under…
2Cases cited11 opinions
- Welch v. HelveringSupreme Court of the United States · 1933
- Stone v. CommissionerUnited States Tax Court · 1971
- Petzoldt v. CommissionerUnited States Tax Court · 1989
- Parks v. CommissionerUnited States Tax Court · 1990
- Professional Services v. CommissionerUnited States Tax Court · 1982
6 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- May v. Comm'rUnited States Tax Court · 2011