Case law

Blease v. Commissioner

16 B.T.A. 972 · United States Board of Tax Appeals · Jun 10, 1929

W. 71 , which was an action for breach of agreement to pay for services by will: But the rule appears to be well established that where it is mutually understood that services are not to be rendered gratuitously, but to be … We are clearly of opinion that complainant participated in the estate of testator as a creditor and not as a legatee and that the amount recovered by her was compensation for services rendered and therefore income within

Greensboro Gas Co. v. Commissioner

30 B.T.A. 1362 · United States Board of Tax Appeals · Jul 31, 1934

It is the same consideration, in our opinion, which led Congress to adopt a qualifying amendment in the Revenue Act of 1934, which will be further discussed hereinbelow, making mandatory the exclusion from the lessee’s gross … It is obvious, we think, that amendment No. 53 was not prepared by the Treasury Department, and was not enacted by the Congress, for the purpose of changing the prior law and establishing a new rule, but to recognize the

Houston Bros. v. Commissioner

22 B.T.A. 51 · United States Board of Tax Appeals · Feb 4, 1931

We do not think that the evidence introduced in the instant case establishes any such relationship as existed in the OoTien case. Although George T. … The evidence clearly shows that, generally speaking, petitioners’ timber was of a very high grade. It was ideally located from the standpoint of economical logging.

Rogers v. Commissioner

16 B.T.A. 368 · United States Board of Tax Appeals · May 2, 1929

The will and codicil were duly probated and established. The trust company named therein as trustee declined to qualify and *2604 the petitioner, John D. … Congress alone can remedy the situation to which the taxpayers object. * * * This proceeding is clearly distinguishable from .

Livingood v. Commissioner

25 B.T.A. 585 · United States Board of Tax Appeals · Feb 23, 1932

From the pleadings and the evidence we find the following additional facts: *587 The petitioner is the duly qualified executor of the last will of Mary M. Emery, deceased, who died on October 11, 1927. Thomas J. … That the decedent had been engaged in carrying on business, at least constructively, previous to the completion of the transaction hereinafter referred to is clearly disclosed by the evidence.

Brunner v. Commissioner

5 B.T.A. 1135 · United States Board of Tax Appeals · Jan 20, 1927

The drawings for the buildings will not be working drawings, *1137 but will be sufficient to clearly indicate their architectural character and general disposition. … We therefore conclude that plaintiffs in error have failed to sustain the burden cast upon them of establishing that they were officers of a state or a subdivision of a state within the exception of § 201(2).

White v. Commissioner

15 B.T.A. 470 · United States Board of Tax Appeals · Feb 19, 1929

The petitioners are the duly appointed, qualified and acting executors of the last will and testament of Asa L. White, who died December 6, 1923, a resident of the State of California. In the year 1872 Asa L. … And the evidence clearly shows that he had, and expressed, good and sufficient reasons, other than the contemplation of death, for making the transfers in question.

Aktiebolaget Separator v. Commissioner

45 B.T.A. 243 · United States Board of Tax Appeals · Sep 30, 1941

The attempt, in the majority opinion, to identify the maintenance of an office with the carrying on of trade in this country disregards a distinction clearly made by the statute. … Rept. 2156, 74th Cong., p. 21, et seq., and clearly indicates, by all canons of construction, see , that two different situations were contemplated by Congress.

Bonfils v. Commissioner

40 B.T.A. 1079 · United States Board of Tax Appeals · Dec 8, 1939

The petitioners are the duly appointed, qualified, and acting executors of the estate of F. G. Bonfils, deceased. The petitioners, Helen G. Bonfils, Thomas L. Bonfils, Charles A. Bonfils, F. W. Bonfils, and J. B. … Though a deduction is a matter of legislative grace and the proof must bring it clearly within the statutory provisions, it is a matter not only of judicial inclination but also of legislative policy to encourage gifts and

Malloy v. Commissioner

28 B.T.A. 716 · United States Board of Tax Appeals · Jul 19, 1933

In the will, Addie Malloy, wife of the testator, was appointed executrix and trustee, without bond, and she qualified and acted as such. The testator disposed of his entire estate. … SEAWELL: The petitioner bases her claim to immunity to the further income tax proposed by the Commissioner upon two grounds, *720 viz: (1) That the Malloy Apartment property was community property, one half belonging to her

Exton v. Commissioner

33 B.T.A. 215 · United States Board of Tax Appeals · Oct 17, 1935

Clifford Shinkle and Marie Therese Hinkle were appointed and qualified as executors under her will and are now so acting. … The modern tendency seems to be to relax the rule requiring the intention to execute the power to be clearly established, and to hold that if, from the. tenor and effect of the will, construed in the light of the circumstances

Hanlin v. Commissioner

38 B.T.A. 811 · United States Board of Tax Appeals · Oct 11, 1938

Difference in maturity date of bonds is clearly an element in the construction of the term "substantial identity." … The dominant word underlying the denial is the word "identical", and I think this may not be overridden by emphasizing the qualifying word "substantially."

Montgomery v. Commissioner

37 B.T.A. 232 · United States Board of Tax Appeals · Feb 1, 1938

The qualifying shares were in fact endorsed in blank and delivered to petitioner. … The corporation did establish and operate the nursery, but the expected profit never came. This is by no means an uncommon experience in the affairs of men.

Brown v. Commissioner

9 B.T.A. 965 · United States Board of Tax Appeals · Dec 28, 1927

assign this contract or rights accruing hereunder save to successors carrying on the business of the purchaser, or to a corporation formed for the purpose of taking title to the said property, and all of whose stock, less qualifying … For the purpose of this rule, a dealer in securities is a merchant of securities, whether an individual, partnership, or corporation, with an established place of business, regularly engaged in the purchase of securities

Irvington Inv. Co. v. Commissioner

32 B.T.A. 1165 · United States Board of Tax Appeals · Aug 8, 1935

The entire authorized stock of 100 shares (except for two qualifying shares) was issued to A. H. … The executor and trustee of the Burroughs estate, following the established practices of trust and estate accounting, kept two accounts, a principal account and an income account, in which transactions in the estate were

Irving Bank-Columbia Trust Co. v. Commissioner

16 B.T.A. 897 · United States Board of Tax Appeals · Jun 4, 1929

through an examination that the corporations had been and were losing money, that they owed considerable sums to banks, payment of which was being pressed, that there did not appear to be anybody within the corporations qualified … In the cases cited, contracts were clearly established; they were not implied agreements based solely upon the subsequent acts of the parties.

Carbo Petroleum Co. v. Commissioner

12 B.T.A. 166 · United States Board of Tax Appeals · May 28, 1928

The depletion effected by operation is likened to the using up of raw material in making the product of a manufacturing establishment. … The statute clearly does not authorize the same investment to be included in invested capital both as paid-in capital and as earned surplus.

St. Louis Union Trust Co. v. Commissioner

30 B.T.A. 370 · United States Board of Tax Appeals · Apr 13, 1934

The trustees were also named by the decedent as executors of his will and qualified as such. The decedent's will provides, in part, as follows: 2. … These legal principles are well established. This contention of the respondent is not sustained.

Pitzman's Co. v. Commissioner

21 B.T.A. 1368 · United States Board of Tax Appeals · Jan 27, 1931

Prior to 1922 the records *2205 were in charge of a specially qualified employee, and the actual work of recording the facts or replacing the depreciated sheets was done by the office force at odd times whenever business … Thus, on the one hand, there was a failure to maintain the previously steady stream of capital additions, while, on the other hand, there was clearly a depreciation of the existing records.

Lunsford v. Commissioner

22 B.T.A. 881 · United States Board of Tax Appeals · Mar 24, 1931

United States Board of Tax Appeals 22 B.T.A. 881 ; 1931 BTA LEXIS 2045 ; March 24, 1931 , Promulgated *2045 Held, that the evidence does not establish that $50,000 received by the decedent in 1923 from the Pond Creek Coal … The petitioner is the duly appointed, qualified and acting administratrix of the estate of Abner Lunsford, deceased, by appointment of the County Court of Pike County, Kentucky.