Case law

Security-First Nat'l Bank v. Commissioner

35 B.T.A. 815 · United States Board of Tax Appeals · Apr 2, 1937

It qualified each witness to the satisfaction of the Board Member presiding at the hearing. … Neither does it establish a rule of evidence.

House & Herrmann v. Commissioner

13 B.T.A. 621 · United States Board of Tax Appeals · Sep 27, 1928

House & Herrmann was established in 1885, and maintained its business at the present address of .the petitioner or in a store in the same block. … The witness who qualified to express an opinion as to the value of the *625 firm’s good will at the time the petitioner acquired it for stock, testified that it was worth -$50,000.

Humphreys v. Commissioner

33 B.T.A. 1081 · United States Board of Tax Appeals · Feb 11, 1936

The questions presented and the facts are clearly distinguishable from the instant proceeding. … Whether that service was of a legal or accounting nature, a question upon which the parties disagree, it is admitted that the petitioners’ wives were not qualified along either line nor is it contended that they rendered

Farmers Union Co-op Oil Co. v. Commissioner

38 B.T.A. 64 · United States Board of Tax Appeals · Jul 13, 1938

Our discussion of whether such requisite facts have been established will follow the numerical order of their statement. 1. … A nonmember had to qualify for membership and pay $10 for a share of petitioner’s capital stock before he could receive payment of a patronage dividend credited to him.

Gibson v. Commissioner

44 B.T.A. 950 · United States Board of Tax Appeals · Jul 9, 1941

That this interpretation was intended by the Congress is clearly evident when we read section 27 (e) of the Revenue Act of 1936 dealing with dividends paid credits. It reads: SEO. 27. … Their constitutional immunity to taxation has not been established. The petitioner cites and relies upon Palmer v. Commissioner, supra. That case was quite different.

William A. Corrao Electric Co. v. Commissioner

22 B.T.A. 1371 · United States Board of Tax Appeals · Apr 29, 1931

You might qualify that in this way, because of the fact that it was not the intent of the contracts that my time should be charged against them. … His testimony clearly shows that he and Crowley planned and intended that the supervisory work should be cared for by Crowley, while Allison devoted himself to other work.

Northwestern Improvement Co. v. Commissioner

14 B.T.A. 79 · United States Board of Tax Appeals · Nov 8, 1928

Section 13 of the Revenue Act of 1916 provides: A corporation * * * keeping accounts upon any basis other than that of actual receipts and disbursements, unless such other basis does not -clearly reflect its income, may, … During all the time here involved the petitioner was a subsidiary but not affiliated corporation of the Northern Pacific Railway Co., which, except for qualifying shares, owned all its stock.

Hess Bldg. Co. v. Commissioner

15 B.T.A. 891 · United States Board of Tax Appeals · Mar 15, 1929

Prior to March 1, 1913, many of the leaders in the silk, woolen, and other trades were permanently established within the district. … The evidence clearly shows, we believe, that at March 1, 1913, the petitioner was practically assured of a substantial profit from the operation of the Hess building.

Greenough v. Commissioner

29 B.T.A. 315 · United States Board of Tax Appeals · Nov 14, 1933

He also submits that the petitioner could establish his legal residence in another state; then remove the two trustees and appoint others compliant with his wishes. … Under the taxing statute such gains clearly constitute taxable income.

Goldstine v. Commissioner

33 B.T.A. 173 · United States Board of Tax Appeals · Oct 10, 1935

Petitioner is not entitled to the immunity unless he brings himself clearly within the rule under which exemption can be allowed. The mere fact that he received compensation from the board is not sufficient. … Clearly as to this item petitioner was merely an independent contractor.

Astorian-Budget Publishing Co. v. Commissioner

44 B.T.A. 969 · United States Board of Tax Appeals · Jul 10, 1941

We do not feel that such business experience qualified her to advise and consult on the major policies of a daily newspaper. … The payment more nearly complies with the second provision above, because it is the amount of salary that Lamkin received, it was paid to his heir, and the agreement clearly indicates that it was in recognition of services

Wanless Iron Co. v. Commissioner

29 B.T.A. 834 · United States Board of Tax Appeals · Jan 23, 1934

Pursuant to section 1, article 8, of the Constitution of the State of Minnesota, the legislature of the state established a general and uniform system of public schools. … From the above it clearly appears that there was in fact a new leasing, Furthermore, in that case the assessment was made upon the *1513 leases as objects of taxation having no immunity under Federal law.

Schoenfeld v. Commissioner

37 B.T.A. 36 · United States Board of Tax Appeals · Jan 7, 1938

These provisions are qualified by subsection (E) in several respects. … On these matters, however, the petitioners have failed to establish that any other figures are more nearly correct.

Parsons v. Commissioner

42 B.T.A. 1114 · United States Board of Tax Appeals · Oct 30, 1940

The petitioner was reappointed to that office on February 23,1931, and duly qualified under the reappointment on March 11, 1931. … Congress clearly has the power under that provision of the Constitution to make any changes which it desires with respect to the terms of office or the salary of justices of a legislative court.

Hess Building Co. v. Commissioner

15 B.T.A. 891 · United States Board of Tax Appeals · Mar 15, 1929

Prior to March 1, 1913, many of the leaders in the silk, woolen, and other trades were permanently established within the district. … The evidence clearly shows, we believe, that at March 1, 1913, the petitioner was practically assured of a substantial profit from the operation of the Hess building.

Northwestern Improvement Co. v. Commissioner

14 B.T.A. 79 · United States Board of Tax Appeals · Nov 8, 1928

Section 13 of the Revenue Act of 1916 provides: A corporation * * * keeping accounts upon any basis other than that of actual receipts and disbursements, unless such other basis does not -clearly reflect its income, may, … During all the time here involved the petitioner was a subsidiary but not affiliated corporation of the Northern Pacific Railway Co., which, except for qualifying shares, owned all its stock.

Heath v. Commissioner

38 B.T.A. 1127 · United States Board of Tax Appeals · Nov 9, 1938

Section 6 establishes the form of the bonds, already set out in our findings of fact, but a portion of which may be quoted here: Under and by virtue of the act * * * the of (a municipal corporation) will on the second day … We have recently sustained the immunity of bonds with a similar obligation in Milo W. Bekins et al., Executors, supra,, at page 13 (California Acquisition and Improvement Act of 1925 bonds).

Kayser v. Commissioner

27 B.T.A. 816 · United States Board of Tax Appeals · Feb 27, 1933

Four qualified witnesses for the respondent testified, and their valuations as of March 1, 1913, ranged from $50,000 to $55,000. … The statute allows deductions for loss in the years, sustained and in this case the loss clearly was sustained prior to 1924. Decision will be entered wader Bule 50,.

Western Maryland Railway Co. v. Commissioner

12 B.T.A. 889 · United States Board of Tax Appeals · Jun 27, 1928

the City of Baltimore, the agreement of consolidation shall so state; (f) the number, names and addresses of the directors and the names of the officers, who shall act as such until their successors are duly chosen and qualified … No charter power, and no right, privilege, or immunity was lost in the consolidation. The consolidation only welded together the principal company and the subsidiaries so as to embody them all.

Planters Operating Co. v. Commissioner

12 B.T.A. 844 · United States Board of Tax Appeals · Jun 27, 1928

Even if it be assumed that as managers they were qualified to give an opinion as to the cash value of a hotel lease, the weight to be attached-to their opinions also depends upon whether or not they were familiar with the … The petitioner in its brief points out that the lease was canceled in 1922 by the lessee upon the receipt of the sum of $200,000, and that this fact establishes the value as of that date which value would not be more than