Case law

Pomeroy v. Commissioner

24 B.T.A. 488 · United States Board of Tax Appeals · Oct 27, 1931

Bushong, the petitioners herein, duly qualified as the executors of his estate. … The rule that the conclusions of law of the revenue agent are in nowise binding upon respondent or upon this Board is too well established to merit citation or further discussion.

Safe Deposit & Trust Co. v. Commissioner

42 B.T.A. 145 · United States Board of Tax Appeals · Jun 19, 1940

Nor does it limit or qualify in any way the exercise of the power given. R. J. … We do not think that decedent had a bona fide intent to establish a new home in New York.

Botts v. Commissioner

42 B.T.A. 977 · United States Board of Tax Appeals · Oct 15, 1940

On May 7, 1934, Dollar was appointed executor by the court and duly qualified and assumed his duties. … Minor, Executors" clearly gives the first type of notice.

Adaskin v. Commissioner

8 B.T.A. 460 · United States Board of Tax Appeals · Oct 4, 1927

Prior to December 5, 1919, Herman Adaskin, a *2854 retail furniture merchant of Springfield, Mass., pursuant to a plan of expanding his *461 business by establishing branches, proposed to establish a branch in Providence, … Until the evening of December 5, 1919, none of this stock *2855 was issued except three shares of common stock as qualifying shares.

Kneeland v. Commissioner

34 B.T.A. 816 · United States Board of Tax Appeals · Jul 23, 1936

Petitioners were duly qualified as his executors and filed an estate tax return, reporting a net estate of $1,648,904.27, and a total net tax of $174,348.80. *818 On April 13, 1932, decedent transferred personal property … Although the pleadings, as constituted, tend to establish this as a fact, the testimony, admitted without objection, seems to seriously question, if not wholly contradict its accuracy.

American Cigar Co. v. Commissioner

21 B.T.A. 464 · United States Board of Tax Appeals · Nov 29, 1930

These facts have not been established and we will not disturb the Commissioner’s determination on this point. 8. … Thus, the additional income taxes for the years 1914 to 1916, inclusive, are clearly not deductible.

City Bank Farmers Trust Co. v. Commissioner

39 B.T.A. 29 · United States Board of Tax Appeals · Jan 4, 1939

It qualified in September 1923 as trustee under the will of Angier B. Duke, deceased, and since then has acted as such. The will of the decedent created two trusts, one for the benefit of Angier B. … The record, to me, clearly establishes that fact. In my opinion, the additional commissions, now in dispute, are deductible as well as those the deduction of which respondent has allowed and is not now contesting.

Rains v. Commissioner

38 B.T.A. 1189 · United States Board of Tax Appeals · Nov 18, 1938

Petitioner's husband owned all of the stock of the Carbon Fuel Co., except a few qualifying shares, and owned a substantial amount of the stock of the Blazon Coal Co. On his individual income tax return for 1929, L. F. … Petitioner is nevertheless entitled, in computing gain or loss on the exchange, to use the adjusted cost basis, which is clearly established by the record. *800 The deficiency will be recomputed by eliminating from petitioner's

Phipps v. Commissioner

47 B.T.A. 357 · United States Board of Tax Appeals · Jul 17, 1942

Clearly this family fiduciary was dominated by petitioner, his brothers and sisters. … "It seems to be well *719 established that where the acts of trustees call for exercise of discretion and judgment, the concurrence of all is necessary." ; ; ; affd., .

Adam, Meldrum & Anderson Co. v. Commissioner

29 B.T.A. 419 · United States Board of Tax Appeals · Nov 24, 1933

The evidence does not establish that petitioners were affiliated with P. Centemeri & Co. under section 142(c) of the Revenue Act of 1928. John W. Sanborn, C.P.A., for the petitioners. James K. … Centemeri & Co. were in the possession of petitioner's treasurer, and that petitioner voted all but the qualifying shares at the stockholders' meeting in February 1928.

Haskell v. Commissioner

30 B.T.A. 855 · United States Board of Tax Appeals · May 31, 1934

The petitioner was the duly appointed and qualified sole executor of the estate of said Elizabeth D. Haskell, and the sole legatee under the will of the decedent. The 7,000 shares of the common stock of E. … The absence of such enactment affords no basis for construing *860 some other provision of the act which is clearly to *1278 the contrary as meaning what such enactment would mean.

Peytona Lumber Co. v. Commissioner

21 B.T.A. 354 · United States Board of Tax Appeals · Nov 18, 1930

To establish such control the petitioner relies upon several *1873 factors. … If an abnormality resulted from the conditions alleged by the petitioner, clearly it is susceptible of definite proof. *1880 We have no such proof and we find no merit in this claim.

McKitterick v. Commissioner

42 B.T.A. 130 · United States Board of Tax Appeals · Jun 19, 1940

It must be established clearly before a determination, supported by such evidence, will be disturbed. Safe Deposit & Trust Co. of Baltimore, Executor, 35 B.T.A. 259 ; affd., 95 Fed.(2d) 806 ; Estate of Archibald M. … It was not so established.

Texas Chem. Co. v. Commissioner

11 B.T.A. 390 · United States Board of Tax Appeals · Apr 3, 1928

It was established, that is, began operations, in May, 1920. Sulphuric acid, H(2)SO(4), is made of sulphur as a base, which is chemically combined with oxygen and hydrogen. … Clearly, we think the loss if deductible, is deductible as a loss, and not as a repair expense. In this case the cost value of a plant such as the one in question here, new, has been satisfactorily shown. H. M.

Excelsior-Leader Laundry Co. v. Commissioner

8 B.T.A. 183 · United States Board of Tax Appeals · Sep 22, 1927

Louis, except that their wives each held a qualifying share. The Excelsior Company had a maximum earning capacity of $4,000 per week and the Leader Company of $2,500 per week. … The effect of the consolidation was to extinguish the two original companies and establish the consolidated or amalgamated company in their stead.

Smith v. Commissioner

45 B.T.A. 948 · United States Board of Tax Appeals · Dec 9, 1941

But viewed from the date of the 1937 gift, such succeeding interest is clearly a "future interest" under the decided cases. … Clearly, we think, this trust *956 instrument contemplated no control by a court of equity over the discretion of the trustee.

Whiting v. Commissioner

35 B.T.A. 100 · United States Board of Tax Appeals · Nov 25, 1936

In January 1917 Dwight Whiting was married and established his separate residence. In February 1917 George Whiting was married and established his separate residence upon his return from his wedding trip. … These provisions clearly *587 indicate the presence in the trustees of the legal title.

Manville Jenckes Co. v. Commissioner

4 B.T.A. 765 · United States Board of Tax Appeals · Aug 6, 1926

We think the item in question was clearly deductible in computing the taxpayer’s net income for the year 1918. … Grammatically, “ constructed, erected, installed, or acquired ” are past participles used adjectively qualifying the words “buildings, machinery, equipment or other facilities” and connoting fully completed acts.

Hill v. Commissioner

40 B.T.A. 376 · United States Board of Tax Appeals · Aug 9, 1939

The petitioner is the duly appointed and qualified special administrator of the estate of John R. McNaughton, deceased, having been appointed on May 4, 1938. On January 8, 1923, John R. … Until his right so to do had terminated, it seems clear that he had suffered, and should be allowed, no loss, the identifiable event establishing same, to wit, termination of redemption period, not having yet occurred.

Smith v. Commissioner

40 B.T.A. 387 · United States Board of Tax Appeals · Aug 15, 1939

The facts clearly contradict petitioner’s claim that Innisfail carried on a business, in the normal sense, of buying and selling securities. … Under the Bevenue Acts of 1926 and 1928 and until the Act of 1936, corporations were immune from tax upon dividends received from domestic corporations, in whole or in part.