Legal Opinion

Robinson v. Comm'r

United States Tax Court

Decided December 19, 2001No. 4428-98; No. 4429-98; No. 4435-98PublishedCited by 15 opinions

R determined that certain expenditures made by P's wholly owned subch. C corporation (C) constituted constructive dividends to P. At the time that R mailed a notice of deficiency to P, the period for assessment of 1992 fiscal year tax with respect to C had expired, whereas the period for assessment of 1992 tax for P had been extended and had not expired.

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R determined that certain expenditures made by P's wholly owned subch. C corporation (C) constituted constructive dividends to P. At the time that R mailed a notice of deficiency to P, the period for assessment of 1992 fiscal year tax with respect to C had expired, whereas the period for assessment of 1992 tax for P had been extended and had not expired. Because the adjustment to P derives from C's transactions, P contends that C's period for assessment should govern R's ability to make a determination and/or assess tax with respect to P or C. Sec. 6501(a), I.R.C., provides the general rule…

1Opinion of the Court

Gerber, Judge:

In separate notices of deficiency, respondent determined deficiencies in petitioners’ Federal income tax and accuracy-related penalties under section 66622 for the 1992, 1993, and 1994 taxable years as follows:

Docket No. Year Deficiency Penalty sec. 6662(a)

4428-98 1992 $31,319 $6,264

1993 84,739 16,948

4429-98 1994 79,031 15,806

4435-98 1993 186,991 37,398

1994 110,602 22,120

After concessions,3 the issues remaining for our consideration are: (1) Whether respondent was barred from determining constructive dividend income for the Robinsons from their wholly owned corporation because…

2Cases cited28 opinions

  1. Moline Properties, Inc. v. CommissionerSupreme Court of the United States · 1943
  2. Badaracco v. CommissionerSupreme Court of the United States · 1984
  3. Adler v. CommissionerUnited States Tax Court · 1985
  4. Simpson v. CommissionerUnited States Tax Court · 1975
  5. Bufferd v. CommissionerSupreme Court of the United States · 1993

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

3Cited by15 opinions

  1. Highwood Partners v. Comm'rUnited States Tax Court · 2009
  2. Anderson v. Comm'rUnited States Tax Court · 2004
  3. Salman Ranch Ltd. v. United StatesUnited States Court of Federal Claims · 2007
  4. John Crim v. Cmsnr. IRSCourt of Appeals for the D.C. Circuit · 2023
  5. Allen v. Comm'rUnited States Tax Court · 2005

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

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