Legal Opinion

Delsanter v. Commissioner

United States Tax Court

Decided July 18, 1957No. Docket Nos. 49167, 52463, 52515, 52557Published

1. Partnership profits from a gambling casino determined in the light of the applicable burden of proof and evidence in the record. 2. Petitioners are liable for additions to tax for underestimation for 1948 and 1949 pursuant to section 294 (d) (2), I. R. C. 1939, and for failure to file declarations for 1949 pursuant to section 294 (d) (1) (A). However, they are not liable for additions to tax for 1948 under section 294 (d) (1) (A) by reason of having filed "zero"…

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1. Partnership profits from a gambling casino determined in the light of the applicable burden of proof and evidence in the record. 2. Petitioners are liable for additions to tax for underestimation for 1948 and 1949 pursuant to section 294 (d) (2), I. R. C. 1939, and for failure to file declarations for 1949 pursuant to section 294 (d) (1) (A). However, they are not liable for additions to tax for 1948 under section 294 (d) (1) (A) by reason of having filed "zero" declarations for that year. 3. Depreciation deductions on slot machines denied for failure of proof; deduction for loss resulting…

1Opinion of the Court

Anthony Delsanter, et al., * Petitioners, v. Commissioner of Internal Revenue, Respondent

Delsanter v. Commissioner

Docket Nos. 49167, 52463, 52515, 52557

United States Tax Court

28 T.C. 845; 1957 U.S. Tax Ct. LEXIS 134;

July 18, 1957, Filed

Decisions will be entered under Rule 50.

1. Partnership profits from a gambling casino determined in the light of the applicable burden of proof and evidence in the record.

2. Petitioners are liable for additions to tax for underestimation for 1948 and 1949 pursuant to section 294 (d) (2), I. R. C. 1939, and for failure to file declarations for 1949 pursuant to…

Also in this document: Dissent · Murdock; Dissent · Bruce.

2Cases cited24 opinions

  1. New Colonial Ice Co. v. HelveringSupreme Court of the United States · 1934
  2. Cohan v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1930
  3. Helvering v. TaylorSupreme Court of the United States · 1935
  4. Burnet v. HoustonSupreme Court of the United States · 1931
  5. Acker v. CommissionerUnited States Tax Court · 1956

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