BJR Corp. v. Commissioner
United States Tax Court
1. Held, since petitioner failed to prove that the taxpayer's return for the taxable period ending May 31, 1970, was filed more than 3 years prior to the issuance of the deficiency notice herein, such notice was timely.
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1. Held, since petitioner failed to prove that the taxpayer's return for the taxable period ending May 31, 1970, was filed more than 3 years prior to the issuance of the deficiency notice herein, such notice was timely. Sec. 6501(a), I.R.C. 1954. 2. Held, payments actually received by the taxpayer during the taxable period ending May 31, 1970, constituted rents for the use of mobile homes -- rather than capital advances or loans as contended by petitioner -- and since such rents were received without restriction as to their use, they were reportable in full for that period, notwithstanding…
1Opinion of the Court
Raum, Judge:
Petitioner is the successor in interest to the taxpayer, Jefferson Sales & Distributors, Inc. (Jefferson), which was merged into it on June 1, 1970. The Commissioner determined an income tax deficiency in the amount of $144,536.66, and an addition to tax under section 6651(a), I.R.C. 1954, in the amount of $36,134.16, in respect of Jefferson’s short tax year which began on September 2, 1969, and ended, as a result of the merger, on May 31, 1970. The parties have stipulated that petitioner "is liable as the successor in interest to Jefferson for any deficiency in income tax and any…
2Cases cited40 opinions
- Burnet v. Sanford & Brooks Co.Supreme Court of the United States · 1931
- Sanford v. CommissionerUnited States Tax Court · 1968
- Brown v. HelveringSupreme Court of the United States · 1934
- William F. Sanford v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1969
- American Automobile Assn. v. United StatesSupreme Court of the United States · 1961
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3Cited by67 opinions
- Espinoza v. CommissionerUnited States Tax Court · 1982
- Berkley MacHine Works & Foundry Company v. Commissioner of Internal RevenueCourt of Appeals for the Fourth Circuit · 1980
- Winn v. CommissionerUnited States Tax Court · 1976
- City Gas Co. v. CommissionerUnited States Tax Court · 1980
- Indianapolis Power & Light Co. v. CommissionerUnited States Tax Court · 1987
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