Opinion

L. Schepp Co. v. Commissioner

  • 25 B.T.A. 419
  • 1932 BTA LEXIS 1530
Court
United States Board of Tax Appeals
Filed
Jan 29, 1932
Status
Published
Author
Fossan
On the bench
Penalty, Imposition, Smith, Lansdon, Sternhagen, Black, Fossan
Cited by
122 cases

The opinion

YaN Fossan,

dissenting in part: It is elemental that fraud must be proved by clear and convincing evidence; a mere preponderance is not sufficient. When the evidence in this case is subjected to this test, I find myself unable-to concur in the imposition of the'penalty for fraud.

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