Legal Opinion

Marshall v. Commissioner

United States Tax Court

Decided August 13, 1985No. Docket No. 6302-79PublishedCited by 127 opinions

Held, allegations deemed admitted under Rule 90(c) were sufficient to sustain respondent's deficiency determination, and respondent's motion for summary judgment on that issue is granted. Held, further, allegations deemed admitted under Rule 90(c) were sufficient to satisfy respondent's burden of proving fraud, and respondent's motion for summary judgment on that issue is granted.

1Opinion of the Court

OPINION

Nims, Judge:

This matter is before the Court on respondent’s motion for summary judgment pursuant to Rule 121.1

Respondent determined deficiencies in and additions to petitioners’ Federal income tax as follows:

Additions to tax

Year Deficiency sec. 6653(b)

1974 $14,801.01 $7,400.51

1975 9,314.21 4,657.10

Respondent’s motion for summary judgment raises the following issues: (1) Whether petitioners underreported income from the operation of a Gulf service station during the years in issue; and (2) whether petitioners are liable for additions to tax for fraud under section 6653(b).

This matter…

2Cases cited5 opinions

  1. Jacklin v. CommissionerUnited States Tax Court · 1982
  2. Espinoza v. CommissionerUnited States Tax Court · 1982
  3. Doncaster v. CommissionerUnited States Tax Court · 1981
  4. Freedson v. CommissionerUnited States Tax Court · 1975
  5. Professional Services v. CommissionerUnited States Tax Court · 1982

3Cited by127 opinions

  1. Donald G. Smith v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1991
  2. Smith v. CommissionerUnited States Tax Court · 1988
  3. Nis Family Trust v. CommissionerUnited States Tax Court · 2000
  4. Richard M. Baptiste, Transferee v. Commissioner of Internal RevenueCourt of Appeals for the Eleventh Circuit · 1994
  5. Claude Douge and Jacqueline Douge v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1990

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