Legal Opinion

Meyers v. Commissioner

United States Tax Court

Decided November 30, 1953No. Docket Nos. 19856, 20352PublishedCited by 12 opinions

Petitioner, sole owner of the stock of a corporation, withdrew amounts out of earnings of the corporation under the guise of salaries of designated officers of the corporation, and by other fraudulent means. The amounts paid by the corporation as salaries were included in income tax returns of the officers and the tax thereon was paid by them with money withheld from delivery to petitioner under his directions.

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Petitioner, sole owner of the stock of a corporation, withdrew amounts out of earnings of the corporation under the guise of salaries of designated officers of the corporation, and by other fraudulent means. The amounts paid by the corporation as salaries were included in income tax returns of the officers and the tax thereon was paid by them with money withheld from delivery to petitioner under his directions. None of the distributions was included in income tax returns filed by the petitioner. The fictitious salaries and other amounts distributed to petitioner were deducted by the…

1Opinion of the Court

OPINION.

Individual Liability.

Johnson, Judge:

The hearings herein extended over a period of 6y2 days, at which petitioner submitted no testimony or documentary evidence, other than through Lamarre, one of the principal witnesses of respondent, who was called for the limited purpose of identifying the books of account of the Corporation. After the submission of such records and two other documents, petitioner rested his individual case with the announcement that he had overcome the presumption in favor of the correctness of the respondent’s determination.

On brief petitioner concedes that he…

2Cases cited16 opinions

  1. North American Oil Consolidated v. BurnetSupreme Court of the United States · 1932
  2. Doyle v. Mitchell Brothers Co.Supreme Court of the United States · 1918
  3. Healy v. CommissionerSupreme Court of the United States · 1953
  4. Auerbach Shoe Co. v. CommissionerUnited States Tax Court · 1953
  5. Scott v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1941

11 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Amelia J. Taylor v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1958
  2. Merriam v. CommissionerUnited States Tax Court · 1995
  3. Segura v. CommissionerUnited States Tax Court · 1981
  4. Amelia J. Taylor v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1958
  5. Amelia J. Taylor v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1958

7 more not listed; retrieve them via the Exa API.

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