Jones v. Commissioner
United States Tax Court
1. The respondent determined deficiencies in income tax and additions to tax for fraud against the petitioners for the years 1943, 1944, 1945, 1946, and 1947 on the basis of bank deposits, the source or sources of which were not shown by petitioners' books or records. As to the years 1943, 1944, and 1945, the statute of limitations has run against the respondent, unless the returns filed by the petitioners for those years were false and fraudulent with intent to evade tax.
Read the full summary
1. The respondent determined deficiencies in income tax and additions to tax for fraud against the petitioners for the years 1943, 1944, 1945, 1946, and 1947 on the basis of bank deposits, the source or sources of which were not shown by petitioners' books or records. As to the years 1943, 1944, and 1945, the statute of limitations has run against the respondent, unless the returns filed by the petitioners for those years were false and fraudulent with intent to evade tax. Held, that the respondent has failed to carry his burden of proving that the 1943, 1944, and 1945 returns were false and…
1Opinion of the Court
OPINION.
TurneR, Judge:
Since much of the petitioners’ opening brief is directed to the proposition that the respondent’s determination was in error, in that it changed the method of accounting regularly employed by the petitioners, contrary to the provisions of section 41 of the Internal Revenue Code of 1939, it might be well to point out that the question we have here is not a question as to the proper method of accounting for and reporting income, within the purview of section 41, but is whether the petitioners received income which they did not account for and report under any method of…
2Cases cited9 opinions
- Halle v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1949
- Hague Estate v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1943
- Goe v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1952
- Hoefle v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1940
- Mauch v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1940
4 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Anastasato v. CommissionerUnited States Tax Court · 1985
- Christensen v. CommissionerUnited States Tax Court · 1982
- Patel v. Comm'rUnited States Tax Court · 2008
- Sly v. CommissionerUnited States Tax Court · 1990
- Adams v. Comm'rUnited States Tax Court · 1978
29 more not listed; retrieve them via the Exa API.