Michael Di Peppino, Inc. v. Commissioner
United States Tax Court
Respondent's 30-day letter, sent by ordinary mail, informed petitioner that respondent intended to impose the accumulated earnings tax on petitioner's accumulated taxable income for its taxable years ended Mar. 31, 1980 and 1981. No other notification was sent to petitioner prior to the mailing of the notice of deficiency.
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Respondent's 30-day letter, sent by ordinary mail, informed petitioner that respondent intended to impose the accumulated earnings tax on petitioner's accumulated taxable income for its taxable years ended Mar. 31, 1980 and 1981. No other notification was sent to petitioner prior to the mailing of the notice of deficiency. Prior to the calendaring of the case for trial, petitioner filed a motion requesting a determination as to whether the mailing of respondent's 30-day letter satisfied the notification requirement of sec. 534(b), I.R.C. 1954, to place the burden of proof on petitioner. Held:…
1Opinion of the Court
OPINION
Background
Jacobs, Judge-.
This case is before us on petitioner’s motion to place upon respondent the burden of proving that petitioner permitted its earnings and profits to accumulate beyond its reasonable business needs pursuant to section 534(a)(1).1 On September 17, 1982, following an examination of petitioner’s taxable years ended March 31,1980 and 1981, respondent sent petitioner, by ordinary mail, notification that he intended to increase (for both years in question) petitioner’s tax liability and that such increase included an amount with respect to the accumulated earnings tax…
2Cases cited7 opinions
- Welch v. HelveringSupreme Court of the United States · 1933
- Clifford O. Boren v. R. A. Riddell, District Director of Internal RevenueCourt of Appeals for the Ninth Circuit · 1957
- Rutter v. CommissionerUnited States Tax Court · 1983
- Chatham Corp. v. CommissionerUnited States Tax Court · 1967
- Motor Fuel Carriers, Inc. v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1977
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Hughes, Inc. v. CommissionerUnited States Tax Court · 1988
- Myco Indus. v. CommissionerUnited States Tax Court · 1992
- Hughes, Inc. v. CommissionerUnited States Tax Court · 1988
- Michael Di Peppino, Inc. v. CommissionerUnited States Tax Court · 1984
- Myco Indus. v. CommissionerUnited States Tax Court · 1992