Legal Opinion

Robinson v. Comm'r

United States Tax Court

Decided December 19, 2001No. 4428-98; No. 4429-98; No. 4435-98Published

R determined that certain expenditures made by P's wholly owned subch. C corporation (C) constituted constructive dividends to P. At the time that R mailed a notice of deficiency to P, the period for assessment of 1992 fiscal year tax with respect to C had expired, whereas the period for assessment of 1992 tax for P had been extended and had not expired.

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R determined that certain expenditures made by P's wholly owned subch. C corporation (C) constituted constructive dividends to P. At the time that R mailed a notice of deficiency to P, the period for assessment of 1992 fiscal year tax with respect to C had expired, whereas the period for assessment of 1992 tax for P had been extended and had not expired. Because the adjustment to P derives from C's transactions, P contends that C's period for assessment should govern R's ability to make a determination and/or assess tax with respect to P or C. Sec. 6501(a), I.R.C., provides the general rule…

1Opinion of the Court

OLIVER K. ROBINSON AND DEBORAH L. ROBINSON, ET AL., 1 Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent

Robinson v. Comm'r

No. 4428-98; No. 4429-98; No. 4435-98

United States Tax Court

117 T.C. 308; 2001 U.S. Tax Ct. LEXIS 56; 117 T.C. No. 25;

December 19, 2001, Filed

Respondent was not time barred from determining constructive dividends for petitioners' 1992 tax year; respondent is sustained on adjustment with respect to disputed constructive dividends. Petitioners were employees of corporation and not subject to self- employment tax for their 1992 and 1993 tax years. Petitioners failed…

2Cases cited29 opinions

  1. Moline Properties, Inc. v. CommissionerSupreme Court of the United States · 1943
  2. Badaracco v. CommissionerSupreme Court of the United States · 1984
  3. Adler v. CommissionerUnited States Tax Court · 1985
  4. Simpson v. CommissionerUnited States Tax Court · 1975
  5. Bufferd v. CommissionerSupreme Court of the United States · 1993

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