Hollman v. Commissioner
United States Tax Court
1. Held, fraud not proved by clear and convincing evidence in the circumstances of this case, where petitioner was suffering from a severe psychosis. 2. Years 1953, 1954, and 1955 held not barred by limitations where jeopardy assessments were made within the statutory period as extended by valid waivers for 1953 and as extended by omissions from gross income of amounts properly includible therein which were in excess of 25 percent of the amounts of gross income shown in…
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1. Held, fraud not proved by clear and convincing evidence in the circumstances of this case, where petitioner was suffering from a severe psychosis. 2. Years 1953, 1954, and 1955 held not barred by limitations where jeopardy assessments were made within the statutory period as extended by valid waivers for 1953 and as extended by omissions from gross income of amounts properly includible therein which were in excess of 25 percent of the amounts of gross income shown in petitioner's returns for 1954 and 1955. 3. Deposits of $ 1,261 and $ 1,000 in petitioner's brokerage account in 1953, which…
1Opinion of the Court
OPINION.
Raum, Judge:
1. Fraud. — The Commissioner has determined that petitioner’s returns for the years 1951 through 1955 were false and fraudulent with intent to evade tax, and that part of the deficiency determined for each of these years was due to fraud with intent to evade tax. Not only is proof of fraud required to overcome the bar of the statute of limitations for 1951 and 1952, but it is also necessary in order to support the Commissioner’s 50 percent addition to tax for fraud for all the years involved. And, of course, the Commissioner has the burden of establishing fraud by clear…
2Cases cited8 opinions
- Holland v. United StatesSupreme Court of the United States · 1955
- R. H. Stearns Co. v. United StatesSupreme Court of the United States · 1934
- William J. Drieborg and Laura D. Drieborg v. Commissioner of Internal Revenue, William J. Drieborg v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1955
- L. Schepp Co. v. CommissionerUnited States Board of Tax Appeals · 1932
- William O'Dwyer and Sloan O'Dwyer v. Commissioner of Internal RevenueCourt of Appeals for the Fourth Circuit · 1959
3 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- Habersham-Bey v. CommissionerUnited States Tax Court · 1982
- Wilson v. CommissionerUnited States Tax Court · 1981
- Baldwin v. CommissionerUnited States Tax Court · 1985
- Emanuel Hollman v. Department of Health and Human ServicesCourt of Appeals for the Second Circuit · 1982
- Neuhoff v. CommissionerUnited States Tax Court · 1980
42 more not listed; retrieve them via the Exa API.