PETTERSON v. COMMISSIONER

Docket No. 35873.

19 T.C. 486 (1952)

P. C. AND ETHEL PETTERSON, PETITIONERS, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

United States Tax Court.

Promulgated December 18, 1952.


Attorney(s) appearing for the Case

Seymour Wells, C. P. A., for the petitioners.

R. G. Harless, Esq., for the respondent.


OPINION.

OPPER, Judge:

A deficiency for 1947 in addition to tax on account of fraud in the amount of $4,475.32 is the sole controversy. There is no question as to the existence of fraud and the sole issue is one of law. It is whether the amount of the 50 per cent fraud penalty is to be computed on the original deficiency or on the smaller sum admittedly reduced by a net loss carry-back from a subsequent year...

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