Memorandum Findings of Fact and Opinion
The Commissioner made determinations as follows for the period February 23, 1943 to December 31, 1943:
| Tax | Deficiency | 25% penalty | 50% penalty |
| Declared value excess profits | $ 21,656.22 | $ 6,421.98 | $12,843.95 |
| Excess profits | 134,065.41 | 33,516.36 | 67,032.71 |
| Income | 267.13 | 534.25 |
Findings of Fact
The petitioner is a California corporation. An unsigned corporation income and declared value excess profits tax return for 1943 was received by the collector of internal revenue for the sixth district of California on June 4, 1945. The petitioner was engaged in the wholesale liquor business.
The gross sales and gross receipts entered on that return were only the equivalent of O.P.A. ceiling prices*302 but the petitioner received larger amounts on its sales. The excess over O.P.A. prices was not entered on its books or shown on the return.
A part of a deficiency in declared value excess profits tax for the taxable period was due to fraud with intent to evade tax as determined by the Commissioner.
A part of a deficiency in excess profits tax for the taxable period was due to fraud with intent to evade tax as determined by the Commissioner.
A part of a deficiency in income tax for the taxable period was due to fraud with intent to evade tax as determined by the Commissioner.
Opinion
MURDOCK, Judge: The Commissioner has sustained his burden of showing by clear and convincing evidence that a part of a deficiency in each type of tax for the taxable period is due to fraud with intent to evade tax.
Decision will be entered for the respondent.