Legal Opinion

Prather v. Commissioner

United States Tax Court

Decided June 10, 1968No. Docket No. 2340-67Published

Held, where deficiencies for income taxes were immediately assessed and timely claimed in the bankruptcy proceeding of petitioner, but additions to tax for fraud which were also assessed were not claimed in bankruptcy, and would have not been allowed as a claim against the assets of the bankrupt had they been claimed, sec. 6871, I.R.C. 1954, precludes petition to the Tax Court as regards the deficiencies in tax but not as regards the additions to tax for fraud.

1Opinion of the Court

John V. Prather and Helen Prather, Petitioners v. Commissioner of Internal Revenue, Respondent

Prather v. Commissioner

Docket No. 2340-67

United States Tax Court

50 T.C. 445; 1968 U.S. Tax Ct. LEXIS 111;

June 10, 1968, Filed

Held, where deficiencies for income taxes were immediately assessed and timely claimed in the bankruptcy proceeding of petitioner, but additions to tax for fraud which were also assessed were not claimed in bankruptcy, and would have not been allowed as a claim against the assets of the bankrupt had they been claimed, sec. 6871, I.R.C. 1954, precludes petition to the Tax Court…

2Cases cited14 opinions

  1. Simonson v. GranquistSupreme Court of the United States · 1962
  2. Great Western Power Co. v. Commissioner of Internal RevenueSupreme Court of the United States · 1936
  3. McLaughlin v. CommissionerUnited States Board of Tax Appeals · 1933
  4. In Re PovillCourt of Appeals for the Second Circuit · 1939
  5. Prather v. CommissionerUnited States Tax Court · 1968

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