Robinson v. Comm'r
United States Tax Court
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
- Moline Properties, Inc. v. CommissionerSupreme Court of the United States · 1943
- Badaracco v. CommissionerSupreme Court of the United States · 1984
- Adler v. CommissionerUnited States Tax Court · 1985
- Simpson v. CommissionerUnited States Tax Court · 1975
- Bufferd v. CommissionerSupreme Court of the United States · 1993
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3Cited by15 opinions
- Highwood Partners v. Comm'rUnited States Tax Court · 2009
- Anderson v. Comm'rUnited States Tax Court · 2004
- Salman Ranch Ltd. v. United StatesUnited States Court of Federal Claims · 2007
- John Crim v. Cmsnr. IRSCourt of Appeals for the D.C. Circuit · 2023
- Allen v. Comm'rUnited States Tax Court · 2005
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