Case law

Platt v. Commissioner

35 B.T.A. 472 · United States Board of Tax Appeals · Feb 11, 1937

At least until the courts have established a ruling at variance with those cases, the question is foreclosed to the Board. … The evidence clearly indicates, and we have found as a fact, that the dividend in question was not a liquidating dividend.

A. L. Wilson Co. v. Commissioner

24 B.T.A. 1056 · United States Board of Tax Appeals · Nov 30, 1931

accident, or mistake the rule is the sanie in equity as at law, that parol evidence of an oral agreement alleged to have been made at the time of drawing, making or indorsing a bill or note cannot he permitted to- vary, qualify … The testimony of counsel for the petitioner can not change the terms of the waiver which clearly extends the period for the assessment of the tax.

Siegel v. Commissioner

4 B.T.A. 186 · United States Board of Tax Appeals · Jun 23, 1926

the rights therein and thereby granted, and by said name to sue and be sued, plead and be impleaded, in any court of competent jurisdiction; to have and use a common seal, and the same to alter at pleasure; to make and establish … That such was the intention appears still more clearly in the third section. That conferred upon the consolidated stockholders complete corporate powers.

Whittemore v. Commissioner

35 B.T.A. 757 · United States Board of Tax Appeals · Mar 30, 1937

Whittemore & McLean are hereby appointed City Solicitors of the City of Linden, to hold their office for the full term of three years from the first day of January, 1925, and until their successors have been appointed and qualified … In our opinion, the Halsey decision does not help this petitioner to establish his claim.

Edward Sec. Corp. v. Commissioner

30 B.T.A. 918 · United States Board of Tax Appeals · Jun 14, 1934

At the time of this transaction, D’Ancona was the owner of all the stock of petitioner except two qualifying shares which were controlled by him. … They are subjects of specific legislation and before a taxpayer can take a deduction he must show facts which clearly entitle him to it under the statute.

Opperman Coal Co. v. Commissioner

6 B.T.A. 1215 · United States Board of Tax Appeals · May 4, 1927

by other well established and uncon-troverted facts. … The evidence also established the fact that the Spruce Bend Lease, in close proximity to petitioner’s property, was sold in 1915 for $250,000.

Fulham v. Commissioner

40 B.T.A. 48 · United States Board of Tax Appeals · Jun 7, 1939

The trust holds the corpus and accumulates the income, and the purpose is clearly to provide for the children and their issue. … It leaves the corpus as clearly in the control of the settlor as Congress apparently contemplated when section 166 was enacted.

Powers v. Commissioner

26 B.T.A. 1381 · United States Board of Tax Appeals · Oct 27, 1932

Where the immunity exists, it is absolute, resting upon an "entire absence of power" ( Johnson v. … The principle there established has received elucidation by the Supreme Court in recent tax cases in which it has reconsidered the principle of immunity and the nature of "its *1387 inherent limitations."

San Martinez Oil Co. v. Commissioner

25 B.T.A. 218 · United States Board of Tax Appeals · Jan 18, 1932

The facts of record clearly establish that the petitioner, by its own drilling operations, discovered oil on its Booth Lease on November 20, 1921, and that the well was not acquired as the result of the purchase of a proven … The value so found is clearly disproportionate to cost and depletion should be based on it.

Louisiana Naval Stores, Inc. v. Commissioner

18 B.T.A. 533 · United States Board of Tax Appeals · Dec 18, 1929

defending suits by or against them, and of enabling them to liquidate their affairs, to dispose of and convey their property and to divide their capital, but not for the purpose of continuing the business for which they were established … Gay or to the corporation for which he purported to act, or if it was to the interest of the respondent to prove additional facts which would show clearly that we have jurisdiction in this case, opportunity for the introduction

Standard Conveyor Co. v. Commissioner

25 B.T.A. 281 · United States Board of Tax Appeals · Jan 21, 1932

On March 1, 1913, facts were known and other facts reasonably could be forseen or anticipated which clearly indicated that the patents were valuable. … Petitioner introduced the testimony of three witnesses with long experience in patent valuation and qualified to express opinions with respect thereto.

Marlin Grocery Co. v. Commissioner

15 B.T.A. 1080 · United States Board of Tax Appeals · Mar 26, 1929

Wallingford, has been engaged in dealing in cattle for thirty years or more, and we believe from his testimony that he is qualified to testify to the value of the cattle which he and his brother owned in 1920. … was. thereby correctly reflected, and in determining whether or not that was the case it must be kept in mind that the accounts in question have been kept on this basis for many years and the fact that it was the regular, established

Magee Furnace Co. v. Commissioner

11 B.T.A. 1216 · United States Board of Tax Appeals · May 8, 1928

The evidence clearly shows the real nature and effect of the dual transfer and the intention of the parties. … Respondent also relies on the sale by the retiring stockholders as establishing the best measure of value of the assets. With this position we can not agree.

Central Sav. Bank v. Commissioner

10 B.T.A. 1408 · United States Board of Tax Appeals · Mar 15, 1928

They showed themselves well qualified to testify as to these matters and their testimony was not overcome by the respondent. … We think that the , building was clearly obsolescent in 1918 and became obsolete in 1925, and that allowances should be made for obsolescence in the years 1919, 1920, and 1921 on that basis. Reviewed by the Board.

Brown v. Commissioner

35 B.T.A. 111 · United States Board of Tax Appeals · Dec 3, 1936

. *119 Petitioner does not contend that he was an “officer” and the record establishes, in my opinion, that he was not. … All of the cases so cited are, in my opinion, clearly distinguishable on principle from the instant case.

East Market Street Hotel Co. v. Commissioner

11 B.T.A. 796 · United States Board of Tax Appeals · Apr 24, 1928

It is clearly established by the evidence that the lease in question was acquired by Holden without any expenditure therefor. … A disinterested qualified real estate dealer, specializing in property in that vicinity, testified that at the time the lease was acquired by the petitioner, a fair rental for the property or “ for the lease as it stands

Standard Inv. Co. v. Commissioner

36 B.T.A. 156 · United States Board of Tax Appeals · Jun 17, 1937

These facts establish, in our opinion, that the special tax bills did not constitute “obligations” of the cities issuing them, either within the statutory or the commonly understood meaning of that term. … The proceeding before us is clearly distinguishable from Michael Pontarelli, 35 B. T. A. 872, and Carey-Reed Co., 36 B. T. A. 36.

F. J. Ross Co. v. Commissioner

7 B.T.A. 196 · United States Board of Tax Appeals · Jun 7, 1927

In addition to Seymour and Weaver, who were designated as officers and apparently were stockholders only to the extent necessary to qualify them as directors, there were “ account executives ” and other employees who, during … Boss by the petitioner was not intended to represent and did not represent the full measure of his compensation and that from the very first it was clearly understood, and the directors of the petitioner all agreed that,

Central Savings Bank v. Commissioner

10 B.T.A. 1408 · United States Board of Tax Appeals · Mar 15, 1928

They showed themselves well qualified to testify as to these matters and their testimony was not overcome by the respondent. … We think that the , building was clearly obsolescent in 1918 and became obsolete in 1925, and that allowances should be made for obsolescence in the years 1919, 1920, and 1921 on that basis. Reviewed by the Board.

Pease v. Commissioner

30 B.T.A. 17 · United States Board of Tax Appeals · Mar 6, 1934

exemption and his income derived from the compensation of the office is immune from Federal taxation. ; ; , and cases therein cited. … This latter would seem clearly to be a governmental function.