Opinion

Kotmair v. Commissioner

  • 86 T.C. 1253
  • 86 T.C. No. 73
  • 1986 U.S. Tax Ct. LEXIS 93
Court
United States Tax Court
Filed
Jun 19, 1986
Status
Published
Author
Nlms
On the bench
Korner,Simpson,Goffe,Whitaker,Shields,Cohen,Clapp,Swift,Jacobs,Gerber,Wright,Parr,Williams,Whitaker,Simpson,Goffe,Chabot,Hamblen,Gerber,Nims
Cited by
138 cases
Authority
More cited than 10.4%

“willful failure to file” conviction precludes challenge to delinquency and negligence penalties

How later courts described this case

  • “willful failure to file” conviction precludes challenge to delinquency and negligence penalties
  • concealing information from examining agents

Written by the judges who cited it.

The opinion

NlMS, J., dissenting: This is a failure to file case only in the sense that a Porth-type return is not a valid return, and petitioner therefore has “failed to file.” Petitioner’s filing of the “Porth return” with the Internal Revenue Service is, nevertheless, the intentional commission of an act for the specific purpose of evading a tax believed to be owing (Webb v. Commissioner, 394 F.2d 366 (5th Cir. 1968), affg. T.C. Memo. 1966-81 ), and, therefore, is an act of fraud. I would accordingly impose the addition to tax for fraud pursuant to section 6653(b).

PARKER, J., agrees with this dissent.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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