Van Bergh v. Commissioner
United States Tax Court
Petitioner's action in reporting compensation received in 1945 under section 107 (a), Internal Revenue Code, held on the facts to constitute inclusion of the entire amount in gross income rendering erroneous respondent's reliance on the 5-year limitation of section 275 (c), Internal Revenue Code, on the ground that more than 25 per cent of gross income was omitted.
1Opinion of the Court
OPINION.
Opper, Judge:
Petitioner claimed the benefit of section 107 in reporting his 1945 income. We are faced at the threshold with the question whether such treatment constitutes a failure to report more than 25 per cent of his income, thus invoking the 5-year statute of limitations under section 275(c), Internal Revenue Code.1 For if not respondent’s claim is barred in any event.
We fail to see how this question can be answered in the affirmative from the standpoint of either the facts or the law. Treating the issue as one fact, it is stipulated that “Petitioner received a check * * * in the…
2Cases cited3 opinions
- Stallforth v. CommissionerUnited States Tax Court · 1946
- Knox v. CommissionerUnited States Tax Court · 1948
- Thayer v. CommissionerUnited States Tax Court · 1949
3Cited by10 opinions
- Switzer v. CommissionerUnited States Tax Court · 1953
- Maxcy v. CommissionerUnited States Tax Court · 1973
- State Farming Co. v. CommissionerUnited States Tax Court · 1963
- Redpath v. CommissionerUnited States Tax Court · 1952
- Maxcy v. CommissionerUnited States Tax Court · 1973
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