Legal Opinion

Diesel Country Truck Stop, Inc. v. Commissioner

United States Tax Court

Decided October 6, 2000No. 5863-97Unpublished

P operated a truck stop that sold diesel fuel and engaged in several other business activities. 1. HELD: P underreported its income from the sale of diesel fuel. Amounts determined. 2. HELD, FURTHER, P's disputed deductions for automobile and rental expenses are disallowed. Burden of proof. 3. HELD, FURTHER, P is liable for an accuracy-related penalty under sec. 6662(a), I.R.C. 1986, negligence, etc.

1Opinion of the Court

DIESEL COUNTRY TRUCK STOP, INC., Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent

Diesel Country Truck Stop, Inc. v. Commissioner

No. 5863-97

United States Tax Court

T.C. Memo 2000-317; 2000 Tax Ct. Memo LEXIS 372; 80 T.C.M. (CCH) 494; T.C.M. (RIA) 54077;

October 6, 2000, Filed

Decision will be entered under Rule 155.

P operated a truck stop that sold diesel fuel and engaged

in several other business activities.

1. HELD: P underreported its income from the sale of diesel

fuel. Amounts determined.

2. HELD, FURTHER, P's disputed deductions for automobile

and rental expenses are disallowed. Burden…

2Cases cited30 opinions

  1. Welch v. HelveringSupreme Court of the United States · 1933
  2. Holland v. United StatesSupreme Court of the United States · 1955
  3. New Colonial Ice Co. v. HelveringSupreme Court of the United States · 1934
  4. Cohan v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1930
  5. Neely v. CommissionerUnited States Tax Court · 1985

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