Jacobson v. Commissioner
United States Tax Court
Pending disposition of this case on remand, Ps move to release the surety bond posted at the time of filing their notice of appeal. Held, Ps' motion is denied, on the ground that sec. 7485, I.R.C., requires that the bond be "conditioned upon the payment of the deficiency as finally determined" and the bond itself so provides.
1Opinion of the Court
OPINION
TANNENWALD, Judge:
This case is before us as the result of a reversal and remand of our prior decision “for reconsideration of Jacobson’s liability for federal income tax in 1979.” Jacobson v. Commissioner, 915 F.2d 832 (2d Cir. 1990), revg. and remanding T.C. Memo. 1988-341. Petitioners have filed a motion for release of a surety bond in the amount of $58,888 filed with this Court on April 28, 1989, pursuant to the provisions of section 7485,1 which provides in pertinent part:
SEC. 7485(a). Upon Notice of Appeal. — Notwithstanding any provision of law imposing restrictions on the…
2Cases cited7 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Demarest v. ManspeakerSupreme Court of the United States · 1991
- Huntsberry v. CommissionerUnited States Tax Court · 1984
- Cal-Maine Foods, Inc. v. CommissionerUnited States Tax Court · 1989
- Harvey Jacobson and Marcia Jacobson v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1990
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3Cited by4 opinions
- Estate of Smith v. CommissionerUnited States Tax Court · 2000
- Estate of Algerine Allen Smith v. CommissionerUnited States Tax Court · 2000
- Estate of Smith v. CommissionerUnited States Tax Court · 2000
- Jacobson v. CommissionerUnited States Tax Court · 1991