Bennett v. Commissioner
United States Tax Court
1. Determination of petitioners' income by net worth method approved. 2. Petitioners' failure to file returns for the years 1944-1948, inclusive, held due to fraud with intent to evade tax.
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1. Determination of petitioners' income by net worth method approved. 2. Petitioners' failure to file returns for the years 1944-1948, inclusive, held due to fraud with intent to evade tax. Held, further, additions to tax on account of fraud pursuant to section 293 (b), I. R. C. 1939, are measured by the tax originally due and cannot be erased or diminished by the subsequent filing of so-called delinquent returns. 3. However, the subsequent filing of the delinquent returns -- which are here held to be nonfraudulent -- was sufficient to start the running of the 3-year period of limitations…
1Opinion of the Court
In the statutory notice of deficiency the Commissioner determined the following deficiencies in income tax against petitioners:
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By amended answer, the Commissioner claimed increased deficiencies as to the section 293 (b) additions to tax for the years 1944^1947. Those increases and the resulting total section 293 (b) additions to tax for the years 1944-1947 are as follows:
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The section 293 (b) additions in the deficiency notice were measured by the amount of tax determined to be due after the filing of delinquent returns by petitioners. The increases in the section…
2Cases cited18 opinions
- Holland v. United StatesSupreme Court of the United States · 1955
- Acker v. CommissionerUnited States Tax Court · 1956
- Morris Lipsitz, and Morris Lipsitz and Helen Lipsitz v. Commissioner of Internal RevenueCourt of Appeals for the Fourth Circuit · 1955
- Jones v. CommissionerUnited States Tax Court · 1956
- George M. Still, Inc. v. CommissionerUnited States Tax Court · 1953
13 more not listed; retrieve them via the Exa API.
3Cited by81 opinions
- Beaver v. CommissionerUnited States Tax Court · 1970
- Badaracco v. CommissionerSupreme Court of the United States · 1984
- Grosshandler v. CommissionerUnited States Tax Court · 1980
- Riland v. CommissionerUnited States Tax Court · 1982
- Breman v. CommissionerUnited States Tax Court · 1976
76 more not listed; retrieve them via the Exa API.