Legal Opinion

Kub v. Commissioner

United States Tax Court

Decided October 24, 1974No. Docket No. 312-69Unpublished

(1) During the years 1964 through 1967, the petitioner failed to report payments received in return for promises she made to secure State contracts for another and the proceeds from the sale of items from her collection of antiques. Held, such failure to report was due to fraud on the part of the petitioner. (2) The Commissioner reconstructed the petitioner's taxable income for the years 1964 through 1967 on the bank deposits method.

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(1) During the years 1964 through 1967, the petitioner failed to report payments received in return for promises she made to secure State contracts for another and the proceeds from the sale of items from her collection of antiques. Held, such failure to report was due to fraud on the part of the petitioner. (2) The Commissioner reconstructed the petitioner's taxable income for the years 1964 through 1967 on the bank deposits method. Held, the Commissioner's reconstruction of taxable income is sustained, except that the proceeds from the sales of antiques are treated as capital gains. (3) The…

1Opinion of the Court

SHIRLEY E. KUB, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent

Kub v. Commissioner

Docket No. 312-69.

United States Tax Court

T.C. Memo 1974-278; 1974 Tax Ct. Memo LEXIS 43; 33 T.C.M. (CCH) 1282; T.C.M. (RIA) 740278;

October 24, 1974, Filed.(1) During the years 1964 through 1967, the petitioner failed to report payments received in return for promises she made to secure State contracts for another and the proceeds from the sale of items from her collection of antiques. Held, such failure to report was due to fraud on the part of the petitioner.(2) The Commissioner reconstructed the…

2Cases cited45 opinions

  1. Chambers v. MississippiSupreme Court of the United States · 1973
  2. United States v. MatlockSupreme Court of the United States · 1974
  3. Cohan v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1930
  4. United States v. HarrisSupreme Court of the United States · 1971
  5. Wichita Term. El. Co. v. Commissioner of Int. R.Court of Appeals for the Tenth Circuit · 1947

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