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33 B.T.A. 872

Johnson v. Commissioner

United States Board of Tax Appeals

Decided January 7, 1936

United States Board of Tax Appeals · decided 1936-01-07

Decided 1936-01-07

Murdock :

¶1The Commissioner determined a deficiency of $8,617.33 in the petitioner’s income tax for 1925 and also determined that $4,308.67 was due as a penalty provided by section 275 (b) of the Revenue Act of 1926. Although the petitioner filed a*-so-called petition, he did not appear at the hearing nor did anyone appear on his behalf. The Commissioner in his answer alleged facts to support the imposition of the fraud penalty. No reply to the Commissioner’s answer was filed. The Commissioner, nevertheless, offered evidence to support the imposition of the fraud penalty.

¶2FINDINGS OF FACT.

¶3A part of the deficiency for 1925 was due to fraud with intent to evade tax.

¶4Decision will be entered for the respondent.

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