Globe, Inc. v. Commissioner

Board of Tax Appeals

Globe, Inc. v. Commissioner

28 B.T.A. 119

CourtUnited States Board of Tax Appeals

DecidedMay 17, 1933

DocketDocket No. 46791

StatusPublished

This text of 28 B.T.A. 119 (Globe, Inc. v. Commissioner) is published on Counsel Stack Legal Research, covering United States Board of Tax Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Globe, Inc. v. Commissioner, 28 B.T.A. 119 (bta 1933).

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Opinion

[120]*120OPINION.

Lansdon:

The respondent has alleged fraud and has submitted evidence sufficient in our opinion to prove it. The facts clearly show that the amounts in question were not paid or credited to the petitioner’s officers during the taxable years and that no charges for such amounts were made on the books of the corporation. It is also clear that such amounts were deducted from income on the income tax returns filed by the petitioner for each of the taxable years. The petitioner’s president and treasurer have sworn to returns which were false, for the purpose of evading income taxes. The deductions must be disallowed and the penalties approved. Cf. Tanner Oil Co., 20 B.T.A. 794; Estate of E. A. Wickham, 22 B.T.A. 1393; and L. ¡Schepp Co., 25 B.T.A. 419.

Decision will he entered under Rule 50.

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[120]*120OPINION.

Lansdon:

The respondent has alleged fraud and has submitted evidence sufficient in our opinion to prove it. The facts clearly show that the amounts in question were not paid or credited to the petitioner’s officers during the taxable years and that no charges for such amounts were made on the books of the corporation. It is also clear that such amounts were deducted from income on the income tax returns filed by the petitioner for each of the taxable years. The petitioner’s president and treasurer have sworn to returns which were false, for the purpose of evading income taxes. The deductions must be disallowed and the penalties approved. Cf. Tanner Oil Co., 20 B.T.A. 794; Estate of E. A. Wickham, 22 B.T.A. 1393; and L. ¡Schepp Co., 25 B.T.A. 419.

Decision will he entered under Rule 50.

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28 B.T.A. 119, Counsel Stack Legal Research, https://law.counselstack.com/opinion/globe-inc-v-commissioner-bta-1933.

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