Bilsky v. Commissioner
United States Tax Court
1. Deficiencies determined by means of net worth and expenditures method, held, approved except for respondent's concessions. 2. Some part of deficiencies for each year, held, on the facts, due to fraud. 3. Additions to tax under sections 294 (d) (1) (A) and 294 (d) (2), held, properly imposed.
1Opinion of the Court
OPINION.
Opper, Judge:
Petitioners virtually concede understatements of income in the 3 years before us averaging more than $10,000 a year.1 In addition, they had underreported their net income for the 3 preceding years. These amounts are of sufficient size to demonstrate that they could not have been unintentionally omitted, and the repetition demonstrates a pattern which in itself indicates that their omission was intentional.2 Without more, that would support an inference of willfully fraudulent conduct.
As the United States District Court said in United States v. Florida, 165 F. Supp. 328…
2Cases cited23 opinions
- Holland v. United StatesSupreme Court of the United States · 1955
- Spies v. United StatesSupreme Court of the United States · 1943
- Jencks v. United StatesSupreme Court of the United States · 1957
- Wichita Term. El. Co. v. Commissioner of Int. R.Court of Appeals for the Tenth Circuit · 1947
- Fuller v. CommissionerUnited States Tax Court · 1953
18 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Church v. CommissionerUnited States Tax Court · 1978
- Whyte v. CommissionerUnited States Tax Court · 1986
- Axelrod v. CommissionerUnited States Tax Court · 1982
- Bilsky v. CommissionerUnited States Tax Court · 1958
- Kelly v. CommissionerUnited States Tax Court · 1983