Case law

Denver & R. G. W. R. Co. v. Commissioner

38 T.C. 557 · United States Tax Court · Aug 3, 1962

Commissioner, (C.A. 6) 214 F. 2d 655 , affirming in part 19 T.C. 481 , in revoking I.T. 3956 and holding that no accrual of vacation pay can take place until the fact of liability to a specific person has been clearly established … This ruling held that no accrual of vacation pay could occur until the fate of liability with respect to specific employees was clearly established and the amount of the liability to each individual employee was capable of

Pratt & Letchworth Co. v. Commissioner

21 T.C. 999 · United States Tax Court · Mar 25, 1954

First, the temporary and unusual character of the circumstance or event must be clearly established. … Petitioner having failed to establish that it qualifies for relief under section 722 (b) (2), (4), or (5), we need not discuss its reconstruction of base period income under those sections.

Wells v. Commissioner

40 T.C. 40 · United States Tax Court · Apr 15, 1963

As respondent himself phrases it in his brief: “To qualify for that [Ph. … “The Administrator shall have authority to establish residencies and Internships; to appoint qualified persons to such positions without regard to civil-service or classification laws, rules, or regulations; and to prescribe

Lorain Avenue Clinic v. Commissioner

31 T.C. 141 · United States Tax Court · Oct 23, 1958

Since petitioner’s trustees did not establish any schedule fixing the charges which could be made, each doctor was free to fix the amount of his fees as he saw fit. … It is concluded, upon the entire record, that petitioner did not qualify for exemption from tax under section 101 (6) in any of the years 1945-1953, inclusive.

Halliburton Co. v. Commissioner

93 T.C. 758 · United States Tax Court · Dec 26, 1989

Under the Accords, Iran agreed to establish a $1 billion security account in the Hague with the frozen assets which Iran agreed to replenish if the account fell below $500 million. … See also the Foreign Sovereign Immunities Act of 1976, 28 U.S.C. secs. 1602-1611 (1982).

Boggs v. Commissioner

83 T.C. 132 · United States Tax Court · Jul 24, 1984

In 1962, when the trust was established, the CQmpany had approximately 50 employees. Five of these employees, including petitioner, were salaried employees covered by the trust. … Upon the trust’s termination in 1976, petitioner established an Individual Retirement Account (IRA), with the First National Bank of Ironton acting as the custodian thereunder.

Granite Constr. Co. v. Commissioner

19 T.C. 163 · United States Tax Court · Nov 7, 1952

First, the temporary and unusual character of the circumstance or event must be clearly established. … (a) General Rule. — In any ease In which the taxpayer establishes that the tax computed under this subchapter (without the benefit of this section) results in an excessive and discriminatory tax and establishes what would

Bricklayers Ben. Plans, Inc. v. Commissioner

81 T.C. 735 · United States Tax Court · Oct 13, 1983

The trustees’ funds, which had been previously established pursuant to collective bargaining agreements entered into by several bricklaying companies and the unions representing their employees, were designated as "Charter … If petitioner did not provide for the payment of benefits, it would clearly fall outside the coverage of sec. 501(c)(9).

Hearn Dep't Stores, Inc. v. Commissioner

23 T.C. 266 · United States Tax Court · Nov 19, 1954

In addition, petitioner adopted a policy of operation which, the record clearly shows, wise department store operators would never adopt. … There is statutory provision for application of the so-called 2-year push-back rule for qualifying factors arising under section 722 (b) (4), but no such provision exists for qualifying factors arising under section 722 (

Estate of Ellingson v. Commissioner

96 T.C. 760 · United States Tax Court · May 28, 1991

Respondent posits that the above provision clearly violates the rules defining qualifying income interests,. since the trustees Eire granted the right to accumulate income. … The facts in Estate of Howard differ from those involved herein; thus, the principle established in Golsen v.

Connelly v. Commissioner

8 T.C. 848 · United States Tax Court · Apr 21, 1947

Unless the petitioner was a “commissioned officer (or commissioned warrant officer) ” in such forces, he is clearly not entitled to the benefits of such section. … Petitioner’s own testimony rather conclusively establishes that he was not a commissioned officer in the Coast Guard Reserve. On cross-examination he testified as follows: Q.

Peterson Marital Trust v. Commissioner

102 T.C. 790 · United States Tax Court · Jun 28, 1994

Peterson, who died before 1982 and established section 2056(b)(5) marital deduction trusts, less favorably than individuals who died after 1981 and established section 2056(b)(7) “qtip” trusts. … Id. 16 Accordingly, the different GST tax treatment accorded (1) individuals who died before 1982 and established section 2056(b)(5) marital deduction trusts and (2) individuals who died after 1981 and established section

Kaufman v. Commissioner

136 T.C. 294 · United States Tax Court · Apr 4, 2011

qualified real property interest. … He considers the extinguishment provision to establish a rule ‘‘similar to the rule of cy pres’’.

Shamberg v. Commissioner

3 T.C. 131 · United States Tax Court · Jan 28, 1944

The mere fact that a corporation, whether “state-owned” or privately owned, has been given the power of eminent domain falls far short of establishing that it is a “political subdivision.” … But the attributes and functions of sovereignty withheld from the Port Authority indicate quite clearly that the two states did not intend to create either one or two “political subdivisions.”

CWT Farms, Inc. v. Commissioner

79 T.C. 86 · United States Tax Court · Jul 19, 1982

at the close of its taxable year must be "qualified export assets.” … It is well established that in interpreting legislation, the Court should consider not only the words of the statute, but also the effect of the interpretation of those words. See, e.g., Corn Products Refining Co. v.

Estate of Bennett v. Commissioner

100 T.C. 42 · United States Tax Court · Feb 1, 1993

Bennett and I have established the CHARLES R. AND EVA F. BENNETT TRUST under that certain Trust Agreement dated June 6, 1984. … Numerous references to the marital deduction were made in the part of the will establishing the marital trust.

Exxon Mobil Corp. v. Comm'r

136 T.C. 99 · United States Tax Court · Feb 3, 2011

The burden was not placed on the taxpayer to initiate interest netting or to establish entitlement. … Neither party in the case had raised sovereign immunity as an issue.

Taubman v. Commissioner

60 T.C. 814 · United States Tax Court · Aug 29, 1973

According to respondent, petitioner’s studies at the University of Baltimore, College of Law, clearly fit the description of studies which lead to qualification for a new trade or business, namely the practice of law. … We will not consider this contention, however, under our well-established rule that constitutional issues not raised specifically in the pleadings are not properly before the Court.

Farley Funeral Home, Inc. v. Commissioner

62 T.C. 150 · United States Tax Court · May 13, 1974

The association established a pension plan for the benefit of its qualified employees. … . * * * Section 401 (d), which relates to pension trusts of unincorporated businesses, clearly does not apply to the pension trust here under consideration, which is a trust operated exclusively for the benefit of all qualified

Svedahl v. Commissioner

89 T.C. 245 · United States Tax Court · Aug 10, 1987

Please print clearly when completing the form. PLEASE KEEP A COPY OF THE COMPLETED ORDER FORM FOR YOUR RECORDS. … ZTP BILLS TO BE PAID Check # (office use) PAYEE (Please print clearly) AMOUNT _ 1. _ _ _ 2. _ _ Check # (office use) PAYEE (Please print clearly) AMOUNT _ 4. _' _ _ 5. _ _ _ 6. _ _ _ 7. _ _ _ 8. _ _ _ 9. _ ,_ _ 10. _ _ _