# L. Schepp Co. v. Commissioner > United States Board of Tax Appeals · January 29, 1932 · 25 B.T.A. 419 URL: https://www.frixlaw.com/law-library/cases/4492414 ## Case - **Full name:** L. SCHEPP COMPANY, v. COMMISSIONER OF INTERNAL REVENUE - **Court:** United States Board of Tax Appeals - **Decided:** January 29, 1932 - **Citations:** 25 B.T.A. 419; 1932 BTA LEXIS 1530 - **Precedential status:** Published - **Opinion:** Dissent by Fossan - **Judges:** Penalty, Imposition, Smith, Lansdon, Sternhagen, Black, Fossan - **Cited by:** 122 later opinions in the Frix Law Library ## Citator (automated) - No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases. - Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4492414 ## Opinion text 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. --- Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4492414. Public record. Not legal advice.