Schellenbarg v. Commissioner
United States Tax Court
1. During the years in issue, petitioners operated a junk business and dealt in used cars. They kept no formal business records, and respondent determined additions to their income for those years on the basis of "specific omissions." He allowed all deductions claimed on their returns, and additional deductions for unclaimed depreciation and rental expenses.
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1. During the years in issue, petitioners operated a junk business and dealt in used cars. They kept no formal business records, and respondent determined additions to their income for those years on the basis of "specific omissions." He allowed all deductions claimed on their returns, and additional deductions for unclaimed depreciation and rental expenses. No allowance was made for unsubstantiated business expenditures allegedly made, which petitioners had failed to record. Held, respondent's determination was not arbitrary and excessive, and is sustained due to failure on the part of…
1Opinion of the Court
Tietjens, Judge:
This proceeding involves deficiencies in income tax and additions thereto in the amounts and for the years as set forth below:
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The issues for decision are: (1) Whether petitioners had unreported income for the years 1950 through 1953; if so (2) whether any part of the resulting deficiencies was due to fraud with intent to evade tax; and (3) whether petitioners are liable for additions to tax under section 294(d) (2) of the 1939 Code for the years 1950 through 1953.
Some of the facts were stipulated.
BINDINGS OH PACT.
The stipulated facts are so found, and are…
2Cases cited16 opinions
- Cohan v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1930
- Helvering v. TaylorSupreme Court of the United States · 1935
- George Schwarzkopf v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1957
- Fuller v. CommissionerUnited States Tax Court · 1953
- United States v. Abe BenderCourt of Appeals for the Seventh Circuit · 1955
11 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Durovic v. CommissionerUnited States Tax Court · 1970
- Estate of Walter F. Rau, Sr., Deceased, Raymond J. Shorb, Administrator With the Will Annexed v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1962
- O'Connor v. CommissionerUnited States Tax Court · 1967
- Ripley v. CommissionerUnited States Tax Court · 1987
- Banks v. CommissionerUnited States Tax Court · 1961
28 more not listed; retrieve them via the Exa API.