Legal Opinion

Jackson v. Commissioner

United States Tax Court

Decided July 19, 1994No. Docket No. 9294-93Unpublished

In 1988 through 1990, W embezzled $ 154,412.40 from B as follows: $ 19,260.53 in 1988; $ 94,251.87 in 1989; $ 40,900 in 1990. W embezzled these funds without the knowledge of her husband (H). W spent $ 27,470.65 of the embezzled funds on personal expenses of her and H, and transferred the remaining $ 126,941.75 to a third party's account in order to conceal her theft.

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In 1988 through 1990, W embezzled $ 154,412.40 from B as follows: $ 19,260.53 in 1988; $ 94,251.87 in 1989; $ 40,900 in 1990. W embezzled these funds without the knowledge of her husband (H). W spent $ 27,470.65 of the embezzled funds on personal expenses of her and H, and transferred the remaining $ 126,941.75 to a third party's account in order to conceal her theft. On Feb. 2, 1990, H first learned that W had embezzled funds from B. After this date, H and W signed their 1989 and 1990 joint Federal income tax returns; these returns did not report any of the embezzled funds. Held: We sustain…

1Opinion of the Court

DANNY J. JACKSON AND SUE C. JACKSON, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent

Jackson v. Commissioner

Docket No. 9294-93

United States Tax Court

T.C. Memo 1994-328; 1994 Tax Ct. Memo LEXIS 336; 68 T.C.M. (CCH) 112;

July 19, 1994, Filed

Decision will be entered for respondent.

In 1988 through 1990, W embezzled $ 154,412.40 from B as follows: $ 19,260.53 in 1988; $ 94,251.87 in 1989; $ 40,900 in 1990. W embezzled these funds without the knowledge of her husband (H). W spent $ 27,470.65 of the embezzled funds on personal expenses of her and H, and transferred the remaining $…

2Cases cited13 opinions

  1. Welch v. HelveringSupreme Court of the United States · 1933
  2. Helvering v. HorstSupreme Court of the United States · 1940
  3. Neely v. CommissionerUnited States Tax Court · 1985
  4. Bixby v. CommissionerUnited States Tax Court · 1972
  5. James v. United StatesSupreme Court of the United States · 1961

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