Roschuni v. Commissioner
United States Tax Court
Issue 6. -- Held, the assessment of any tax for the year 1958 against petitioners Elliott and June is barred by the statute of limitations, although for a reason different from the reason given in our report filed December 16, 1964, the reason being that under clause (ii) of section 6501(e)(1)(A), I.R.C. 1954, no amount of capital gain from the sale of the Briarcliff Hotel should be "taken into account" in determining the amount omitted from gross income under subparagraph…
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Issue 6. -- Held, the assessment of any tax for the year 1958 against petitioners Elliott and June is barred by the statute of limitations, although for a reason different from the reason given in our report filed December 16, 1964, the reason being that under clause (ii) of section 6501(e)(1)(A), I.R.C. 1954, no amount of capital gain from the sale of the Briarcliff Hotel should be "taken into account" in determining the amount omitted from gross income under subparagraph (A) of section 6501(e)(1), since Briarcliff had made a full disclosure of the capital gain in its "information" return…
1Opinion of the Court
SUPPLEMENTAL FINDINGS OF FACT AND OPINION
Arundell, Judge:
On January 8, 1965, respondent filed a motion for reconsideration of our report filed December 16,1964, insofar as it pertained to issues 3 and 6 (which also involves issue 2). On January 14, 1965, we issued an order that the motion be served on petitioners and that petitioners be given until February 10,1965, to file objections to said motion, or otherwise move. On February 10,1965, petitioners filed a memorandum of objections to respondent’s motion for reconsideration, which memorandum was duly served on the respondent on February…
2Cases cited3 opinions
- Switzer v. CommissionerUnited States Tax Court · 1953
- Sutor v. CommissionerUnited States Tax Court · 1951
- Maloy v. CommissionerUnited States Board of Tax Appeals · 1941
3Cited by40 opinions
- Durovic v. CommissionerUnited States Tax Court · 1970
- Davenport v. CommissionerUnited States Tax Court · 1967
- Hoffman v. Comm'rUnited States Tax Court · 2002
- Estate of Herman Klein, Deceased v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1976
- Burbage v. CommissionerUnited States Tax Court · 1984
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