Legal Opinion

Alice Avery v. Commissioner of Internal Revenue

Court of Appeals for the Ninth Circuit

Decided April 12, 1978No. 76-2792PublishedCited by 77 opinions

1Per curiam

Avery sold heroin to a Drug Enforcement Agency agent three times in the Fall of 1972. She has served a prison term resulting from these sales, and now challenges an Internal Revenue Service tax deficiency assessment.

Avery sold $4,000 worth of heroin to the DEA agent, but the IRS estimated that she sold a total of $60,000 in a three-month period. After deductions for the cost of the goods sold and other proper computations, the unpaid tax was found to be something over $12,000. The Tax Court upheld the Commissioner’s determination; we affirm.

Avery filed a preliminary motion to shift the burden…

2Cases cited1 opinion

  1. Walter Demkowicz and Dorothy Demkowicz v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1977

3Cited by77 opinions

  1. Johnny Weimerskirch v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1979
  2. Jackson v. CommissionerUnited States Tax Court · 1979
  3. Raul Llorente v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1981
  4. Llorente v. CommissionerUnited States Tax Court · 1980
  5. Dellacroce v. CommissionerUnited States Tax Court · 1984

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