Legal Opinion

Moore v. Commissioner

United States Board of Tax Appeals

Decided February 23, 1938No. Docket No. 77485Published

1. In the absence of clear and convincing evidence of fraud, held, that petitioner did not file false and fraudulent income tax returns for 1929, 1930, and 1931. 2. Held, assessment and collection of income tax barred as to the year 1929, but not barred as to 1930 and 1931. 3. Respondent's determination as to 1930 and 1931 sustained upon petitioner's failure to show error in such determination.

1Opinion of the Court

FRANK J. MOORE, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Moore v. Commissioner

Docket No. 77485.

United States Board of Tax Appeals

37 B.T.A. 378; 1938 BTA LEXIS 1041;

February 23, 1938, Promulgated

1. In the absence of clear and convincing evidence of fraud, held, that petitioner did not file false and fraudulent income tax returns for 1929, 1930, and 1931.

2. Held, assessment and collection of income tax barred as to the year 1929, but not barred as to 1930 and 1931.

3. Respondent's determination as to 1930 and 1931 sustained upon petitioner's failure to show error in such…

2Cases cited15 opinions

  1. Welch v. HelveringSupreme Court of the United States · 1933
  2. Burnet v. HoustonSupreme Court of the United States · 1931
  3. Old Mission Portland Cement Co. v. HelveringSupreme Court of the United States · 1934
  4. KERBAUCH v. COMMISSIONERUnited States Board of Tax Appeals · 1934
  5. Pennant Cafeteria Co. v. CommissionerUnited States Board of Tax Appeals · 1926

10 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API