Gambina v. Commissioner
United States Tax Court
Cash in the possession of petitioners was forfeited pursuant to sec. 302 of the Comprehensive Crime Control Act of 1984, 18 U.S.C. sec. 1963 (Supp. III 1986). Held, the relation-back provision of that section, vesting ownership in the cash in the United States upon the commission of the act giving rise to the forfeiture, does not preclude the amount of the cash from being includable in the gross income of petitioner.
1Opinion of the Court
OPINION
TANNENWALD, Judge:
Respondent determined a deficiency of $71,460.40 in petitioner’s Federal income tax for 1984, an addition to tax of $7,146.04 under section 6651(a)(1),1 an addition to tax of $3,573 under section 6653(a)(1), and an addition to tax under section 6653(a)(2) in the amount of 50 percent of the interest due on the underpayment.
This case was submitted fully stipulated. The facts as set forth in the stipulation of facts and the accompanying exhibits are found accordingly.
Petitioner resided in Middle Village, New York, at the time the petition herein was filed.
On November 14,…
2Cases cited9 opinions
- James v. United StatesSupreme Court of the United States · 1961
- Tokarski v. CommissionerUnited States Tax Court · 1986
- United States v. IannielloDistrict Court, S.D. New York · 1985
- Burgo v. CommissionerUnited States Tax Court · 1978
- Shriver v. CommissionerUnited States Tax Court · 1985
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3Cited by12 opinions
- Ianniello v. Comm'rUnited States Tax Court · 1992
- Carione v. United StatesDistrict Court, E.D. New York · 2005
- Pring v. CommissionerUnited States Tax Court · 1989
- Vasta v. CommissionerUnited States Tax Court · 1989
- Alvarez v. CommissionerUnited States Tax Court · 1995
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