Nicholson v. Commissioner
United States Board of Tax Appeals
1. Where reply was filed at the hearing without objection of respondent upon permission granted under Rule 19, mere failure to file such reply within 45 days pursuant to Rule 15 of the Board's rules of practice does not constitute an admission under Rule 18 of all the affirmative allegations of fact as to fraud in the answer so as to relieve the respondent of further proving fraud, the commission of fraud being affirmatively denied in the petition and issue thereon being…
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1. Where reply was filed at the hearing without objection of respondent upon permission granted under Rule 19, mere failure to file such reply within 45 days pursuant to Rule 15 of the Board's rules of practice does not constitute an admission under Rule 18 of all the affirmative allegations of fact as to fraud in the answer so as to relieve the respondent of further proving fraud, the commission of fraud being affirmatively denied in the petition and issue thereon being joined by a general denial in the answer preceding the affirmative allegations of fraud. 2. Where the evidence adduced…
1Opinion of the Court
*984OPINION.
McMahon :
In Docket No. 66966, in the statement attached to the notice of deficiency it is stated that “ Loss on sale of National Cash Eegister Co. stock disallowed. It is held that the sale was not bona fide.” It also appears that the respondent increased James Nicholson’s net income for 1929 from $40,424.66 to $73,435.88 and that he added to the deficiency of $5,516.51, as determined by him, “ 50% penalty as provided by section 293 (b) of the Revenue Act of 1928 ” in the amount of $2,758.26.
In the petition it is alleged, among other things, that the respondent erred in asserting such…
2Cases cited2 opinions
- Gregory v. HelveringSupreme Court of the United States · 1935
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- Estate of Beck v. Comm'rUnited States Tax Court · 1971
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