Case law

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.

Newman v. Commissioner

37 B.T.A. 72 · United States Board of Tax Appeals · Jan 14, 1938

and vest in the petitioner individually, as respondent claims it did, or did the seizin and right of possession of such property and usufruct and such income therefrom vest in her as the executrix named in the will, and qualified … These authorities clearly establish the principle that, except in cases where there are community debts, the interest in the community property of the surviving member does not pass to or under the control of the executor

Brunt v. Commissioner

5 B.T.A. 134 · United States Board of Tax Appeals · Oct 21, 1926

We cannot believe that such was the congressional intent, and we are clearly of opinion that the courts may not supply the words which Congress omitted. … They have no higher sanctity; and no greater inviolability or immunity from legislative invasion can be claimed for them.

105 West 55th Street, Inc. v. Commissioner

15 B.T.A. 210 · United States Board of Tax Appeals · Feb 5, 1929

McCarthy, held 10 shares each of Hearn's stock in order to qualify them as directors of the company. Upon incorporation Hearn became president of the company and Matthews, secretary and treasurer. … The case of , which is cited by petitioner as the controlling case, is clearly distinguishable on the facts.

Griscom v. Commissioner

22 B.T.A. 979 · United States Board of Tax Appeals · Mar 31, 1931

The petitioner was nominated and duly qualified as one of the executors and trustees under the provisions of said will, and was an executor and trustee at the time of the distribution hereinafter mentioned. 6. … Greenawalt, 71 Pa. 487 , it was held that “ absolute ” is not a word used to distinguish a fee from a life estate, but to distinguish a qualified or conditional fee from a fee simple estate. In Bowles v.

International Bldg. Co. v. Commissioner

21 B.T.A. 617 · United States Board of Tax Appeals · Dec 10, 1930

A few of the shares of stock owned by Chouteau are of record in the names of two directors for qualifying purposes. … We find no difficulty whatever in agreeing with the petitioner that his services were clearly of value to the petitioner.

Brent v. Commissioner

6 B.T.A. 143 · United States Board of Tax Appeals · Feb 18, 1927

At the time of establishing their residence in California they possessed no property. … this statute in relation to the general question of community property and commented thereon as follows: It is to be observed that the foregoing proviso is by its terms expressly limited to "the purposes of this act," thus clearly

Chicago Stock Yards Co. v. Commissioner

41 B.T.A. 590 · United States Board of Tax Appeals · Mar 20, 1940

We consider first the question whether the evidence establishes the fact that the petitioner is a “mere holding or investment company.” … Clearly, there was no reasonable need for the petitioner to acquire the balance of the common stock and the outstanding preferred shares *620 of the Jersey Co.

Kramer v. Commissioner

27 B.T.A. 1043 · United States Board of Tax Appeals · Apr 3, 1933

However, it is clearly established that in 1916 said patents were not owned directly either by Julius Kramer or by the petitioner Schnadig. … The petitioners offered evidence to establish the value at said date as distinguished from cost.

Gulf Coast Irrigation Co. v. Commissioner

24 B.T.A. 958 · United States Board of Tax Appeals · Nov 27, 1931

There is no evidence of record establishing the abandonment of any part of the canals and laterals, but the testimony is uncontradicted that the amount of water available each year after the removal of the raft was sufficient … He owned four shares of stock of the former on and after April 7, 1920, and a qualifying share in the latter.

McCabe v. Commissioner

23 B.T.A. 1376 · United States Board of Tax Appeals · Aug 28, 1931

Petitioners are the duly appointed and qualified executors of the last will of Thomas McCabe, who died on March 2, 1929, and reside in the State of New York. … It is also established that McCabe took over the Neely Lumber Company in 1924, dismissed Neely from its management and substituted Haralson.

Adair v. Commissioner

43 B.T.A. 384 · United States Board of Tax Appeals · Jan 22, 1941

Ritchie is the duly qualified and acting administrator de bonis non with the will annexed, having been appointed as such by the said court in 1935. … Ritchie, on June 6, 1935, was appointed and qualified as temporary administrator and on September 12, 1935, was named and qualified as permanent administrator de bonis non, with the will annexed.

Shipowners & Merchants Tugboat Co. v. Commissioner

4 B.T.A. 403 · United States Board of Tax Appeals · Jul 27, 1926

The plan of the war and excess-profits tax is to impose such tax upon the income above an established return on the statutory invested capital. … But the statute is in our opinion clearly applicable and leaves no room for construction. The petitioner returned as income a proportionate part of the amount received from the purchaser of the Hercules in 1920.

Gillespie v. Commissioner

20 B.T.A. 1068 · United States Board of Tax Appeals · Sep 30, 1930

The record abundantly establishes that Heltzell was acting for petitioner in tax matters with his knowledge. … The evidence in this case clearly shows that the facts were not “ suppressed or unknown.” Law v.

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.

Weis v. Commissioner

13 B.T.A. 1284 · United States Board of Tax Appeals · Oct 30, 1928

In 1918 the petitioner and Frank Dillman were interested in a corporation known as the Dillman Egg Case Co., owning between them all of the outstanding capital stock save a few qualifying shares. … In the instant case no such situation existed and therefore we are of the opinion that the Davis case establishes no rule upon which the issue here can be decided.

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.

Stephenson v. Commissioner

33 B.T.A. 252 · United States Board of Tax Appeals · Oct 22, 1935

We think the evidence clearly shows that the estate was in process of administration until at least the close of December 31, 1929. … We do not think the evidence is sufficient to establish such a partition. The stipulation *799 which has been filed does not show any partition. The only witness who testified concerning the alleged partition was E. G.

Loose v. Commissioner

15 B.T.A. 169 · United States Board of Tax Appeals · Jan 31, 1929

The following facts are also established by the record: Some five years previous to his death decedent suffered a stroke of paralysis, followed by a two-months' illness. … Applying the above test, clearly Loose received income. The fact and time of physical receipt have become a matter solely within his own control.

Lang v. Commissioner

34 B.T.A. 337 · United States Board of Tax Appeals · Apr 15, 1936

Lang were duly appointed, and ever since have been and now are the duly qualified and acting, executors of the estate of Julius C. Lang, deceased. The decedent came to Seattle, Washington, in the year 1902. … S. 371 , and a claim for deductions must come clearly within the conditions prescribed.” James Turner et al., Executors, 31 B. T.