Legal Opinion

Fortugno v. Commissioner

United States Tax Court

Decided November 26, 1963No. Docket Nos. 69025, 69026, 69027, 69028, 69029, 69032, 69033, 69034Published

In order to forestall a jeopardy assessment by the respondent, petitioners on or about August 31, 1954, deposited $ 1 million with the respondent. The deposit was made prior to the issuance of both the 30-day and 90-day letters. Although the eight petitioners at the time of the deposit were aware of the aggregate amount respondent was proposing to assert against them collectively, they had no knowledge of their individual liabilities.

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In order to forestall a jeopardy assessment by the respondent, petitioners on or about August 31, 1954, deposited $ 1 million with the respondent. The deposit was made prior to the issuance of both the 30-day and 90-day letters. Although the eight petitioners at the time of the deposit were aware of the aggregate amount respondent was proposing to assert against them collectively, they had no knowledge of their individual liabilities. The petitioners never requested respondent to assess their tax liabilities to the extent of the $ 1 million payment and never intended by the $ 1 million…

1Opinion of the Court

Alfred Fortugno, et al., 1 Petitioners, v. Commissioner of Internal Revenue, Respondent

Fortugno v. Commissioner

Docket Nos. 69025, 69026, 69027, 69028, 69029, 69032, 69033, 69034

United States Tax Court

41 T.C. 316; 1963 U.S. Tax Ct. LEXIS 12;

November 26, 1963, Filed

Decisions will be entered under Rule 50.

In order to forestall a jeopardy assessment by the respondent, petitioners on or about August 31, 1954, deposited $ 1 million with the respondent. The deposit was made prior to the issuance of both the 30-day and 90-day letters. Although the eight petitioners at the time of the deposit were…

2Cases cited27 opinions

  1. Rosenman v. United StatesSupreme Court of the United States · 1945
  2. Lewyt Corp. v. CommissionerSupreme Court of the United States · 1955
  3. Stainback v. Mo Hock Ke Lok PoSupreme Court of the United States · 1949
  4. Lewyt Corp. v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1954
  5. United States v. Dubuque Packing Company, a Corporation, Dubuque Packing Company, a Corporation v. United StatesCourt of Appeals for the Eighth Circuit · 1956

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