# Flomarcy Co. v. Commissioner of Internal Revenue

> Court of Appeals for the Second Circuit · November 22, 1963 · 324 F.2d 730

URL: https://www.frixlaw.com/law-library/cases/6925933

## Case

- **Full name:** FLOMARCY COMPANY, Inc. v. COMMISSIONER OF INTERNAL REVENUE, Respondent Jose BENSAUDE and Maria Bensaude v. COMMISSIONER OF INTERNAL REVENUE
- **Court:** Court of Appeals for the Second Circuit
- **Decided:** November 22, 1963
- **Citations:** 324 F.2d 730
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 2 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/6925933

## Opinion text

PER CURIAM.
Flomarcy Company, Inc. and its controlling shareholders appeal from a decision of the Tax Court, T.C.Memo. 19G2-201, upholding the assessment of deficiencies against the petitioners for failure to report income which the company had earned but which petitioners had caused to be paid to third parties. The taxpayers introduced no evidence, and it is well settled that deficiency assessments of the Commissioner are presumptively correct. Welch v. Helvering, 290 U.S. 111, 115 , 54 S.Ct. 8 , 78 L.Ed. 212 (1933); Brown v. Commissioner, 141 F.2d 307, 309 (2 Cir. 1944). The argument made on this appeal that the government should have the burden of proof because a constructive dividend is a legal fiction is without legal or logical basis. The decision of the Tax Court is affirmed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6925933. Public record. Not legal advice.