Breman v. Commissioner
United States Tax Court
Held: 1. Respondent, having discovered after a decision of this Court for petitioners' fiscal year 1964 had become final that petitioners' return for that year was fraudulent, is entitled to issue a second notice of deficiency determining an additional deficiency in tax and an addition to tax for fraud even though the decision of this Court entered pursuant to a stipulation of the parties in the case brought from a determination of deficiency based on an adjustment of an…
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Held: 1. Respondent, having discovered after a decision of this Court for petitioners' fiscal year 1964 had become final that petitioners' return for that year was fraudulent, is entitled to issue a second notice of deficiency determining an additional deficiency in tax and an addition to tax for fraud even though the decision of this Court entered pursuant to a stipulation of the parties in the case brought from a determination of deficiency based on an adjustment of an item disclosed on petitioners' tax return would, absent fraud, be res judicata as to petitioners' fiscal year 1964. Sec.…
1Opinion of the Court
OPINION
Scott, Judge:
Respondent determined a deficiency in petitioners’ Federal income tax and an addition to the tax of M. William Breman under the provisions of section 6653(b), I.R.C. 1954,1 for their taxable year ended November 30, 1964, in the amount of $14,239.45 and $22,184.19, respectively. The issues for decision are:(1) Whether the decision entered by this Court on April 5, 1968, pursuant to stipulation of the parties, determining a deficiency in petitioners’ income tax for their fiscal year ended November 30, 1964, in the amount of $30,128.93, forecloses under the doctrine of res…
2Cases cited18 opinions
- United States v. International Building Co.Supreme Court of the United States · 1953
- Cirillo v. CommissionerCourt of Appeals for the Third Circuit · 1963
- Rodney v. Comm'rUnited States Tax Court · 1969
- Bessie Lasky and Jesse L. Lasky v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1956
- Bennett v. CommissionerUnited States Tax Court · 1958
13 more not listed; retrieve them via the Exa API.
3Cited by119 opinions
- Crocker v. CommissionerUnited States Tax Court · 1989
- Estate of Young v. CommissionerUnited States Tax Court · 1983
- Judge v. CommissionerUnited States Tax Court · 1987
- 508 Clinton St. Corp. v. CommissionerUnited States Tax Court · 1987
- Goodwin v. CommissionerUnited States Tax Court · 1979
114 more not listed; retrieve them via the Exa API.