Zimmerman v. Commissioner

1960 T.C. Memo. 257, 19 T.C.M. 1456, 1960 Tax Ct. Memo LEXIS 33
Procedural entryThis page is a short order in Zimmerman v. Commissioner. Read the opinion of the Court — 36 T.C. 235
United States Tax Court·Decided November 30, 1960·No. Docket No. 73389.·Unpublished

Opinion

Robert E. Zimmerman and Helen E. Zimmerman v. Commissioner.
Zimmerman v. Commissioner
Docket No. 73389.
United States Tax Court
T.C. Memo 1960-257; 1960 Tax Ct. Memo LEXIS 33; 19 T.C.M. (CCH) 1456; T.C.M. (RIA) 60257;
November 30, 1960
J. Bruce Donaldson, Esq. and Wm. D. Cohan, Esq., for the petitioners. John J. Yurow, Esq. and Robert J. Fetterman, Esq., for the respondent.

MULRONEY

Memorandum Findings of Fact and Opinion

MULRONEY, Judge: The respondent determined the following deficiencies in income tax and additions to tax:

Additions to Tax
SectionSectionSectionSection
Taxable293(b)294(d)(2)294(d)(1)(A)6653(b)
Year EndedDeficiencyI.R.C. 1939I.R.C. 1939I.R.C. 1939I.R.C. 1954
12/31/47$1,387.21$ 693.61$ 83.23$254.81
12/31/48334.52167.2620.0796.45
12/31/492,448.821,224.41134.39
12/31/502,201.441,100.72132.09
12/31/511,851.46925.73106.23166.97
12/31/52832.24416.1245.07
12/31/531,712.70856.3562.02
12/31/545,631.88331.43$2,815.94
12/31/553,230.301,615.15

*34 The issues are:

1. Whether petitioners understated their income for the years 1947 through 1955 in amounts as computed by respondent under the net worth plus nondeductible expenditures method.

2. Whether a part of the deficiency for each of the years 1947 through 1955 was due to fraud with intent to evade tax.

3. Whether the income tax returns for the years 1947 through 1952 were false and fraudulent with intent to evade tax within the meaning of section 276(a), Internal Revenue Code of 1939.

Findings of Fact

Some of the facts have been stipulated. They are found accordingly.

Petitioners Robert E. and Helen E. Zimmerman are husband and wife and reside in Defiance, Ohio. They filed joint Federal income tax returns for the years 1947 through 1955 with the then collector or district director of internal revenue at Toledo, Ohio.

Robert was born in Ohio in 1918 and spent his childhood on the family farm. In 1935 he and his wife were married. They lived with their family for some time after their marriage, then in 1937 moved to Dayton, Ohio, where Robert worked for a local power and light company as a truck driver. During the evenings in Dayton he began to repair watches*35 and clocks at home. In 1939 Robert and his wife moved to Michigan where he worked for his cousin as an apprentice learning fine watch repairing. After his apprenticeship ended he was employed as a watch repairman, first in Michigan and then in Dayton. During at least a part of this time he continued to do repair work on watches and clocks in his home.

During the period from 1935 to 1945 two children were born to Robert and his wife During this period his earnings were modest and he and his family lived frugally.

In 1945 Robert moved with his family to Defiance, Ohio, where he purchased an operating retail jewelry store. This store, known as Zimmerman's Jewelry, and hereafter sometimes called the Defiance store, opened for business under Robert's proprietorship in September 1945. The purchase price of this business was $7,500. To pay this amount he borrowed $2,500 from his father, $2,500 from a bank and supplied $2,500 from his own funds. At about this time petitioners also purchased a house in Defiance for about $7,500. To pay for it, $5,500 was borrowed from a bank and the remainder was supplied from their own funds.

Free access — add to your briefcase to read the full text and ask questions with AI

Zimmerman v. Commissioner, 1960 T.C. Memo. 257, 19 T.C.M. 1456, 1960 Tax Ct. Memo LEXIS 33 (tax 1960).

1960 T.C. Memo. 257 (Zimmerman v. Commissioner) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Talley v. Commissioner
20 T.C. 715 (U.S. Tax Court, 1953)