Case law

Blake v. Commissioner

23 B.T.A. 554 · United States Board of Tax Appeals · Jun 3, 1931

Blake was a majority stockholder, there being only two other stockholders, other than those holding qualifying shares, and was president of the company after her husband's death. … established.

Employes' Ben. Asso. v. Commissioner

14 B.T.A. 1166 · United States Board of Tax Appeals · Jan 11, 1929

. *1174 ESTABLISHING CLAIMS FOR SICKNESS BENEFIT. 4. To establish a claim for sickness benefits, there must be positive evidence of acute or constitutional disease sufficient to cause disability. … ESTABLISHING CLAIMS FOR ACCIDENT BENEFITS. 9.

McReynolds v. Commissioner

1 B.T.A. 815 · United States Board of Tax Appeals · Mar 18, 1925

McReynolds is the duly appointed, qualified, and acting executor of the last will and testament of Harden J. Brown, deceased. 2. The decedent, Harden J. … For if they belong to none of the old established religions, and yet assume to preach or expound religion, they must be embarking upon a new theology and setting up a religion of their own.

Eugene Fruit Growers Asso. v. Commissioner

37 B.T.A. 993 · United States Board of Tax Appeals · Jun 1, 1938

there was in some of the provisions construed by those decisions, but merely that it be “organized and operated on a cooperative basis (a) for the purpose of marketing the products of members * * We believe petitioner falls clearly … If by statutory requirement ail officers of an association must be shareholders, the ownership of a share of stock by a nonproducer to qualify him as an officer will not destroy the association’s exemption.

Knight v. Commissioner

39 B.T.A. 436 · United States Board of Tax Appeals · Feb 14, 1939

The respondent filed no brief and has cited no authorities. *442 The facts in the case at bar clearly establish that to avoid a sale of the 3,306 shares of Beacon stock and to close the decedent's estate as quickly as possible … Consequently, upon the stipulation of facts and for the purposes of this opinion we must assume that all of the dividend income received by the trustee during 1935 (which is not clearly established in contradistinction to

Greenwood v. Commissioner

46 B.T.A. 832 · United States Board of Tax Appeals · Apr 3, 1942

He established bank accounts prior to his retirement in Massachusetts, to which accounts his wife made no contribution. He also established bank accounts in Arizona in which the wife *809 made no deposits. … The evidence clearly indicates that the husband separately acquired the property prior to removal to Arizona.

Dean v. Commissioner

35 B.T.A. 839 · United States Board of Tax Appeals · Apr 2, 1937

They duly qualified, and have since acted *837 and are now acting as trustees under and by virtue of said will. … The case of , is clearly distinguishable on the facts from the instant proceeding.

Davis v. Commissioner

35 B.T.A. 1001 · United States Board of Tax Appeals · Apr 27, 1937

In the paragraphs that follow this simple declaration he very briefly and, in our opinion, clearly set forth those “uses and purposes.” … will, for if there had been, it would have been entirely unnecessary for the trustees to have called upon the court in 1905 for an apportionment in order that distribution could be made to some of the beneficiaries who had qualified

Merchants Nat'l Bldg. Corp. v. Commissioner

45 B.T.A. 417 · United States Board of Tax Appeals · Oct 22, 1941

All the shares, except for directors' qualifying shuares, were owned by the Merchants National Bank of Mobile, a national banking association, hereinafter referred to as the bank. … which the evidence clearly indicates that the trust was a true liquidating trust without extraordinary *1141 operations on the part of the bank.

Tonningsen Trust v. Commissioner

43 B.T.A. 37 · United States Board of Tax Appeals · Dec 10, 1940

Where trust filed information return 1041, adequacy of information given therein not being challenged, and regulations not clearly providing for filing of additional return, held imposition of penalty under section 291 of … purposes and in the manner specified in section 23(o), or is to be used exclusively for religious, charitable, scientific, literary, or educational purposes, or for the prevention of cruelty to children or animals, or for the establishment

Wood v. Commissioner

26 B.T.A. 533 · United States Board of Tax Appeals · Jun 29, 1932

The petitioners are the duly qualified executors of the estate of their father, George Wood, who died February 17, 1926, a resident of the State of Pennsylvania. … On this statement it would appear that the deductions sought were clearly allowable.

Wiese v. Commissioner

35 B.T.A. 701 · United States Board of Tax Appeals · Mar 19, 1937

Two qualifying shares of stock were issued in the names of two employees of the company, but the actual owner was the petitioner. … The evidence is insufficient, we think, to establish that respondent's determination is erroneous. We had before us a similar situation in *855 ; affd., ; certiorari denied, .

First Nat'l Bank v. Commissioner

35 B.T.A. 876 · United States Board of Tax Appeals · Apr 16, 1937

No bank is immune when confidence is generally disturbed, and particularly when lack of confidence assumes the form of a heedless “run” on another member bank. … The practice of the clearing house banks in this city to participate in “rescue parties” was clearly established by the evidence.

Bell v. Commissioner

46 B.T.A. 484 · United States Board of Tax Appeals · Feb 27, 1942

The provisions establishing the life estate and the remainder interest were identical with those of the Frederic S. Bell trust, but with Frederic S. … Before the trusts of April 28, 1932, were established, Frederic S. Bell told his son that he and Frances L.

Stone v. Commissioner

38 B.T.A. 51 · United States Board of Tax Appeals · Jul 13, 1938

Her last will and testament, dated February 1, 1927, was duly admitted to probate on June 10, 1933, and petitioners herein are the duly qualified executrices of her estate. … The grantor having died first, his death clearly effected a transmission of the larger estate to the grantee.

Kenan v. Commissioner

28 B.T.A. 733 · United States Board of Tax Appeals · Jul 25, 1933

Blount thereupon duly qualified as such executors and trustees. … For the reason stated we are of the opinion that *1093 the instant case is clearly distinguishable upon its facts from that, and that it can not be followed.

Atwood v. Commissioner

29 B.T.A. 740 · United States Board of Tax Appeals · Jan 11, 1934

The will of Eugene Atwood was admitted to probate in the probate court of Stonington, Connecticut, and the persons named as executors qualified as such. … The decree of the probate court clearly shows, we think, that the administration of the estate was not completed on March 31, 1928.

Cohen v. Commissioner

44 B.T.A. 709 · United States Board of Tax Appeals · Jun 12, 1941

value of the assets was less than the reserves required by the law of Missouri, and a lien was placed against all policies, including those of the petitioner, equal to 50 percent of the terminal reserve of each policy as established … insurance policies herein seem to me to be matters of security during life, equally with the payments under the annuities in the Broderick case; they *1302 do not render the life insurance policies profit transactions, and are clearly

Ludorff v. Commissioner

40 B.T.A. 32 · United States Board of Tax Appeals · Jun 7, 1939

The petitioners are the duly qualified executrices of the estate of Albert Ludorff, who died May 26, 1934. … reflect income, the computation shall be made in such manner as in the opinion of the Commissioner does clearly reflect income.

George D. Harter Bank v. Commissioner

38 B.T.A. 387 · United States Board of Tax Appeals · Aug 30, 1938

On April 1, 1933, salaries were established at 75 percent of the rates which were in effect prior to March 1933. … This resulted in establishing a value of $17.13 per share for the class A common.