Myco Indus. v. Commissioner
United States Tax Court
Respondent mailed petitioner a notification under sec. 534(b), I.R.C., that respondent proposed to issue a notice of deficiency determining that petitioner was liable for the accumulated earnings tax under sec. 531, I.R.C. The notification did not state the years to which it pertained. Held: Notwithstanding the lack of prejudice to petitioner, respondent's notification was deficient and respondent will have the burden of proof. Sec. 534(a), I.R.C.
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Respondent mailed petitioner a notification under sec. 534(b), I.R.C., that respondent proposed to issue a notice of deficiency determining that petitioner was liable for the accumulated earnings tax under sec. 531, I.R.C. The notification did not state the years to which it pertained. Held: Notwithstanding the lack of prejudice to petitioner, respondent's notification was deficient and respondent will have the burden of proof. Sec. 534(a), I.R.C. Respondent's notification must include the year to which it pertains. Sec. 534(b), I.R.C.
1Opinion of the Court
Myco Industries, Inc., Petitioner v. Commissioner of Internal Revenue, Respondent
Myco Indus. v. Commissioner
Docket No. 7170-91
United States Tax Court
98 T.C. 270; 1992 U.S. Tax Ct. LEXIS 24; 98 T.C. No. 21;
March 12, 1992, Filed
An appropriate order will be issued.
Respondent mailed petitioner a notification under sec. 534(b), I.R.C., that respondent proposed to issue a notice of deficiency determining that petitioner was liable for the accumulated earnings tax under sec. 531, I.R.C. The notification did not state the years to which it pertained. Held: Notwithstanding the lack of prejudice to…
2Cases cited7 opinions
- Foster v. Comm'rUnited States Tax Court · 1983
- Jeremiah Benzvi and Robert L. McLeroy v. Commissioner of Internal RevenueCourt of Appeals for the Eleventh Circuit · 1986
- Abrams v. CommissionerUnited States Tax Court · 1985
- Steven E. Donley v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1986
- Manson Western Corp. v. CommissionerUnited States Tax Court · 1981
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