Case law

Century Circuit v. Commissioner

31 B.T.A. 764 · United States Board of Tax Appeals · Nov 28, 1934

The prohibition is not qualified by the time of the declaration or payment of dividends; it takes no account of whether they were received before or after affiliation. … The fact that certain payments are designated transportation or installation cost does not establish error in respondent’s requiring them to be capitalized.

Fletcher American Nat'l Bank v. Commissioner

33 B.T.A. 453 · United States Board of Tax Appeals · Nov 14, 1935

To this it is answered that petitioners have failed to sustain their burden in establishing any effective mistake of fact or inadvertence. … Huntington Beach, Inc., supra, and petitioners, to enjoy its advantages, must bring themselves clearly 'within the specified conditions precedent to its grant. Rock Island, A. & L. R. R. Co. v. United States, 254 U.

Green v. Commissioner

26 B.T.A. 719 · United States Board of Tax Appeals · Jul 26, 1932

If so, they are clearly liable under section 280 of the Revenue Act of 1926. … If such defenses were not presented in the action, and established by competent evidence, the subsequent allegation of their existence is of no legal consequence.

Parker v. Commissioner

38 B.T.A. 989 · United States Board of Tax Appeals · Oct 21, 1938

authorizing its creation, as being “for the sole and exclusive benefit of such of the officers and employees of the company (sometimes hereinafter referred to as the Pensioners) who desire to take advantage thereof and who can qualify … If this was the purpose of the organization of the pension trust fund, then the award of more than 81 percent of its benefits to the petitioner is clearly not within that purpose.

Loyless v. Commissioner

40 B.T.A. 600 · United States Board of Tax Appeals · Sep 29, 1939

He was nominated as an executor of the will, but refused to qualify as such and the Fulton National Bank of Atlanta, Georgia, was the sole executor of the said decedent’s estate. … So far as shown by the record, petitioner’s mother still owns all the real estate heretofore mentioned as belonging to her, and the agreed decree is clearly a recognition of her claim against the estate of the deceased father

Oldham v. Commissioner

36 B.T.A. 523 · United States Board of Tax Appeals · Sep 17, 1937

The curatorship continued until August 18, 1932, a period of 21 months, at which time the executors, successful in the will litigation, qualified. … clearly that the Commissioner was wrong.

Moisseiff v. Commissioner

21 B.T.A. 515 · United States Board of Tax Appeals · Dec 2, 1930

Each State has the constitutional power to establish an instrumentality of this character and each State has the constitutional competency, with the consent of Congress, to enter into a compact with another State to establish … This, we think, was clearly the basis of the decision of the court in Metcalf v. Mitchell, supra. In Blair v.

Mountain Producers Corp. v. Commissioner

34 B.T.A. 409 · United States Board of Tax Appeals · Apr 23, 1936

Coronado Oil & Gas Co., supra; that the instant case is clearly distinguishable from it and therefore not controlled by the principle therein enunciated and applied. … Coronado Oil & Gas Co., supra, but is different in the material point which entitled the Coronado Oil & Gas Co. to tax immunity in that case.

Jockey Club v. Commissioner

30 B.T.A. 670 · United States Board of Tax Appeals · May 11, 1934

It is a well recognized principle of law that a claim for exemption must be clearly made out and that where there is any doubt the construction must be in favor of the Government. … In the light of the record herein, we are of the opinion and hold that the petitioner does not qualify as a corporation “ organized and operated exclusively ” for scientific purposes and is not, as such, under section 231

Fried v. Commissioner

31 B.T.A. 638 · United States Board of Tax Appeals · Nov 21, 1934

Furthermore, I am of the opinion that the petitioners here substantially met the requirements of article 105 to qualify them as dealers in securities. … As I see it, the only question which we have here is whether the petitioners qualify as dealers in securities as defined in the regulation. I think they do. BLACK, MCMAHON, and LEECH agree with this dissent.

Bruckner v. Commissioner

20 B.T.A. 419 · United States Board of Tax Appeals · Jul 30, 1930

SteRNHagen : The income of the trust established by the decedent is taxable by virtue of the Revenue Act of 1921, section 219. … The qualifying words “organized and operated” were, we think, meant to require that its operations at all stages should carry out its exclusively charitable purpose, that both the organization and its' operations should be

Walker v. Commissioner

20 B.T.A. 937 · United States Board of Tax Appeals · Sep 24, 1930

Her sole right is a right to income from the capital assets of the trusts established by her father’s will. … IIoAvever, in such cases the facts were peculiar and unusual and clearly distinguishable from those of the present proceeding.

Illinois Merchants Trust Co. v. Commissioner

14 B.T.A. 890 · United States Board of Tax Appeals · Dec 21, 1928

It seems clear that a court of equity would appoint a qualified trustee to execute the trust, if such were intended. … Petitioner urges that payments made after this alteration are clearly annuity payments, as they are stated sums rather than dependent upon income receipts.

Levy v. Commissioner

19 B.T.A. 605 · United States Board of Tax Appeals · Apr 16, 1930

The evidence clearly shows the petitioner's intention to make a gift of the stock. … Nor is there any evidence of record to establish that the petitioner exercised any dominion or control over the stock after its delivery and acceptance by the donee.

Doernbecher Mfg. Co. v. Commissioner

30 B.T.A. 973 · United States Board of Tax Appeals · Jun 21, 1934

. *986 The petitioner offered the testimony of witnesses to establish what amounts would constitute reasonable salaries for Green and John. … If title remained in John the stock clearly was outstanding.

Lynch v. Commissioner

30 B.T.A. 727 · United States Board of Tax Appeals · May 16, 1934

data necessary for the proper establishment of such official grades as will be necessitated by said improvements. … In support of this he points to his appointment by each of the boards of trustees and to the fact that he qualified in each case by taking an oath of office.

Duff v. Commissioner

23 B.T.A. 1343 · United States Board of Tax Appeals · Aug 28, 1931

Discussing the issues in their order, we are of the opinion that petitioner has fully and clearly sustained his allegations of loss on his $45,000 par value of first mortgage 5 per cent gold bonds of the Beaumont & Great … The word “ business ” [in section 204 of the Revenue Act of 1921] is qualified by the word “ any.”

Scott v. Commissioner

25 B.T.A. 131 · United States Board of Tax Appeals · Jan 12, 1931

In the section last quoted the word “ property ” is not qualified in express terms. In our opinion, however, it refers to and includes only such property of a decedent as may be subject to Federal estate taxes. … In the present proceeding no such fact is established.

Gabel v. Commissioner

25 B.T.A. 60 · United States Board of Tax Appeals · Dec 31, 1931

Byers, 35 Fed. (2d) 326, is significant and enlightening in determining the instant proceeding: We think this is sufficient to establish that he was free to engage, and was engaged, in other business for other clients; that … , from the foregoing discussion of the facts in the instant proceeding, petitioner does not qualify as an officer.

United Business Corp. v. Commissioner

33 B.T.A. 83 · United States Board of Tax Appeals · Sep 25, 1935

All of its issued capital stock has been held by Smith, except for three qualifying shares. … In our opinion it establishes the very purpose proscribed by the statute.