Case law

Owens Bottle Co. v. Commissioner

8 B.T.A. 1197 · United States Board of Tax Appeals · Nov 5, 1927

As we have often said, opinion evidence is by its very nature incompetent to establish mathematical certainties and is likewise immune to technical objections. … We think that the petitioner could, on March 1, 1913, have clearly foreseen the receipt from the royalties for the 914-year period of $1,300,000 per year.

Lenox Clothes Shops, Inc. v. Commissioner

45 B.T.A. 1122 · United States Board of Tax Appeals · Dec 31, 1941

It is found that the greater part of your sales are made on an extension of credit basis for from 2% weeks to 3 months, and therefore you do not qualify to report income upon the installment sales basis. … The only reason given by the respondent in his deficiency notice for the disallowance of the bad debt deduction was “due to your failure to establish what amounts are allowable as bad debt charge-offs during the taxable year

Western Md. Ry. Co. v. Commissioner

12 B.T.A. 889 · United States Board of Tax Appeals · Jun 27, 1928

securities of other companies; to borrow money and to make and issue its bonds and secure payment of the same by mortgages and pledges of its property, or any part thereof, for all purposes authorized by law, to make and establish … the City of Baltimore, the agreement of consolidation shall so state; (f) the number, names and addresses of the directors and the names of the officers, who shall act as such until their successors are duly chosen and qualified

Elliott v. Commissioner

15 B.T.A. 494 · United States Board of Tax Appeals · Feb 19, 1929

We are in agreement with this and, furthermore, we are of opinion that the petitioner has amply qualified in regularity, whether tested by the number of transactions, in *497 the amount of his personal time and efforts devoted … more lines of recognized business, before losses can be claimed with respect to either or more than one line of business, and his status as such dealer must be clearly established.

Week v. Commissioner

26 B.T.A. 340 · United States Board of Tax Appeals · Jun 9, 1932

He had never examined the particular site and stated that he did not consider himself qualified to value a water-power site. … Clearly, his testimony is of little or no value and is contradicted by that of the respondent’s witnesses.

Oregon Mesabi Corp. v. Commissioner

39 B.T.A. 1033 · United States Board of Tax Appeals · May 24, 1939

The petitioner treats its two witnesses as equally qualified, and submits the alternative of their two computations. … As to 1935, while it is clear from the evidence that the loss was substantially greater than in 1934, it is, in our opinion, not established that it was as great as the $45,234.64 which petitioner claims.

Cappellini v. Commissioner

14 B.T.A. 1269 · United States Board of Tax Appeals · Jan 15, 1929

This is clearly settled by the decision of this Court in Hawkins v. Bleakly, 243 U. S. 210, 216 . … That this is true clearly appears from the Conference Report on the Revenue Bill of 1926 (69th Cong.. 1st sess., Rept.

Cahn v. Commissioner

13 B.T.A. 1362 · United States Board of Tax Appeals · Nov 2, 1928

They qualified as such executors and acted in such capacity during the years 1922 and 1923. In 1922 each received $10,000 as executor's fees, in 1923 William *3049 M. Cahn received $5,000 as an executor's fee. … The plaintiff has not clearly established that it is entitled to exemption from taxation under the statute. The language used is clearly applicable to these petitioners.

Bills Bros. Memorial Corp. v. Commissioner

7 B.T.A. 1182 · United States Board of Tax Appeals · Aug 30, 1927

The basis of these valuations does not clearly appear. … The value of the good will attached to a trade or business, when clearly established, may properly be included as intangible property, with certain limitations, in the computation of invested *2998 capital.

Field v. Commissioner

15 B.T.A. 718 · United States Board of Tax Appeals · Mar 6, 1929

The right of the petitioner in the trust was clearly and definitely established and determined by the courts of the State of Illinois, and as to property rights, its decree is unquestionably binding on this Board. … to establish the petitioner’s legal liability to pay the debts for material incurred by the contractor.

Griffiths v. Commissioner

15 B.T.A. 252 · United States Board of Tax Appeals · Feb 7, 1929

Ruettinger’s testimony in a way corroborated Griffiths, but his testimony is in conflict with the facts established by documentary evidence submitted by the petitioner. … Under the evidence he clearly could have received the entire amount in cash in 1919 if he had desired. All that he had to do was to take it.

Pitman v. Commissioner

24 B.T.A. 244 · United States Board of Tax Appeals · Sep 30, 1931

But this fact is only significant as evidencing the contrast between his qualified power of disposition of that property mid his untrammeled ownership of the income in controversy. … The latter was clearly heyond the control of the United States. The duty to pay it into petitioner’s hands, and his power to use it after it was so paid, were absolute. Work v. Mosier, 261 U. S. 352 ; Work v.

Murchison v. Commissioner

32 B.T.A. 32 · United States Board of Tax Appeals · Feb 14, 1935

The burden here is upon the petitioner to establish that the amount claimed constitutes an allowable deduction, and this, we think, he has wholly failed to do. … Petitioner was the record owner, except as to qualifying shares, of all the capital stock of the Murchison Oil Co. from the date of its incorporation on January 1, 1921".

Chartiers Greek Coal Co. v. Commissioner

10 B.T.A. 984 · United States Board of Tax Appeals · Feb 24, 1928

Neither the sale by the Union Trust Co. nor the sale by the Pittsburgh Coal Co. was under such market conditions as to clearly establish the value of the property. … The evidence to support petitioner’s valuation claim consists of the testimony of three disinterested witnesses who seem to have been *992 particularly well qualified to testify with respect to the value of the property in

Planters Operating Co. v. Commissioner

12 B.T.A. 844 · United States Board of Tax Appeals · Jun 27, 1928

Even if it be assumed that as managers they were qualified to give an opinion as to the cash value of a hotel lease, the weight to be attached-to their opinions also depends upon whether or not they were familiar with the … The petitioner in its brief points out that the lease was canceled in 1922 by the lessee upon the receipt of the sum of $200,000, and that this fact establishes the value as of that date which value would not be more than

Folk v. Commissioner

25 B.T.A. 599 · United States Board of Tax Appeals · Feb 24, 1932

The evidence adduced by the petitioner consists of a valuation report of a qualified oil engineer and of the oral testimony of such engineer. … After careful consideration of all the evidence, we think it falls short of establishing the full value asserted by the petitioner, but it does indicate clearly that the petitioner’s interest in the lease in question had

Plant v. Commissioner

30 B.T.A. 133 · United States Board of Tax Appeals · Mar 20, 1934

Eogers, died in 1908, devising his plantation in Texas to the Texas Guarantee & Trust Co. in trust, which company declined to qualify and the petitioner, John D. … This is fully and clearly shown in our findings of fact.

Warner Collieries Co. v. Commissioner

36 B.T.A. 54 · United States Board of Tax Appeals · Jun 8, 1937

It is well established that the insolvency of the transferor is a condition precedent to proceeding against the transferee to collect the tax. … Certainly the transferees of a mere holding company which has no property other than shares of stock are not immune from the operation of the section.

Northport Shores v. Commissioner

31 B.T.A. 1013 · United States Board of Tax Appeals · Jan 15, 1935

Gallagher and Ward, at least, were qualified in their respective fields. … and convincingly establishing those values at that date to have been $500,000 for the entire property and $250,000 for the undivided one-half interest therein.

Rowland v. Commissioner

40 B.T.A. 11 · United States Board of Tax Appeals · Jun 6, 1939

Their liability for such tax has been clearly established since the case of Metcalf & Eddy v. Mitchell (1926) 269 U. S. 514 , and they are not officers and employees within the meaning of this bill. In Metcalf & Eddy v. … We do not "think that this had the effect of establishing every employee an officer within the meaning of the law.