Masterson v. Commissioner
United States Tax Court
1. Failure to report income in petitioner's individual return in excess of 25 percent of that shown thereon, held, to make five-year statute of limitations applicable, notwithstanding that the omitted income was included in an estate return filed by petitioner as executrix.
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1. Failure to report income in petitioner's individual return in excess of 25 percent of that shown thereon, held, to make five-year statute of limitations applicable, notwithstanding that the omitted income was included in an estate return filed by petitioner as executrix. Revenue Act of 1934, sec. 275 (c). 2. Prior determination in which petitioner's interest was adjudicated to be a conventional life estate by the Circuit Court of Appeals, which had before it, but refused to follow, a state court's adjudication of petitioner's interest to the contrary, held, res judicata as to petitioner's…
1Opinion of the Court
OPINION.
OpreR, Judge:
A preliminary question is raised by petitioner’s plea of the statute of limitations. The deficiency notice was concededly subsequent to the expiration of the three-year period prescribed as the general rule. Revenue Act of 1934, sec. 275 (a). It is asserted that it was nevertheless timely as being within the five-year period specified in section 275 (c) for cases in which the “taxpayer omits from gross income an amount properly includible therein which is in excess of 25 per centum of the amount of gross income stated in the return * * The addition to petitioner’s taxable…
2Cases cited10 opinions
- Southern Pacific Railroad v. United StatesSupreme Court of the United States · 1897
- Blair v. CommissionerSupreme Court of the United States · 1937
- Oetjen v. Central Leather Co.Supreme Court of the United States · 1918
- Tait v. Western Maryland Railway Co.Supreme Court of the United States · 1933
- New Orleans v. Citizens' BankSupreme Court of the United States · 1897
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Amelia J. Taylor v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1958
- Ratto v. CommissionerUnited States Tax Court · 1953
- Doll v. CommissionerUnited States Tax Court · 1943
- Amelia J. Taylor v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1958
- Amelia J. Taylor v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1958
4 more not listed; retrieve them via the Exa API.