Veino v. Fahs

The question presented by this appeal is whether the District Court, sitting without jury, was clearly erroneous in holding that the appellant, Harvey Veino, failed to sustain the burden resting on him of proving that the determination of income tax deficiencies for the years 1943 through 1950 was incorrect, and in holding that the 50% fraud penalties were correctly imposed. The Commissioner of Internal Revenue had assessed income tax deficiencies, 25% delinquency penalties, 50% civil fraud penalties, and interest for said years in the aggregate amount of $126,319.94. The amount was paid by appellant, and after his claim for refund had been declined, this action was brought against the Collector. The court below, upon full findings of fact and conclusions of law, entered a judgment in effect denying all the relief sought by appellant.