Wiener v. Commissioner
United States Tax Court
1. The taxpayer filed a 1934 tax return for his corporation based on falsely kept books, and in 1942 was convicted of filing a fraudulent return and served a jail sentence. In 1938 the corporation transferred all assets to petitioner's wife without consideration and dissolved. By decision of this Court the wife was held liable as transferee for deficiencies in the corporation's 1934 tax and additions thereto in December 1946. She paid nothing on the amount assessed.
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1. The taxpayer filed a 1934 tax return for his corporation based on falsely kept books, and in 1942 was convicted of filing a fraudulent return and served a jail sentence. In 1938 the corporation transferred all assets to petitioner's wife without consideration and dissolved. By decision of this Court the wife was held liable as transferee for deficiencies in the corporation's 1934 tax and additions thereto in December 1946. She paid nothing on the amount assessed. By exercise of an option granted to her only in 1942, a five-year lease was procured in 1944 on premises which had been subject…
1Opinion of the Court
OPINION.
Johnson, Judge-.
Petitioner assails the determination that he is liable as a transferee for deficiencies in taxes, penalties, and interest determined against the corporation for 1934. Although he pleaded guilty and was sentenced to jail for filing a false and fraudulent 1934 return for the corporation, he now contends that the return was not fraudulent, but correct. As proof he. introduced the testimony of an accountant who claimed to have computed 1934 income on the basis of checks, receipts, invoices, and statements of manufacturers who supplied the corporation with merchandise. This…
2Cases cited5 opinions
- Phillips v. CommissionerSupreme Court of the United States · 1931
- Bentley v. CailleMichigan Supreme Court · 1939
- Farrell v. PaulusMichigan Supreme Court · 1944
- Ashbaugh v. SauerMichigan Supreme Court · 1934
- Hanna v. HurleyMichigan Supreme Court · 1910
3Cited by2 opinions
- Radnay v. CommissionerUnited States Tax Court · 1989
- Wiener v. CommissionerUnited States Tax Court · 1949