Case law

Green v. Commissioner

66 T.C. 538 · United States Tax Court · Jun 22, 1976

A qualified public accountant employed by the partners to maintain formal books and records and to prepare their tax returns testified that, in his opinion, the method of reporting used complied with general accounting principles … Mere negligence does not establish either.” Mitchell v. Commissioner, 118 F.2d 308, 310 (5th Cir. 1941).

Rose v. Commissioner

88 T.C. 386 · United States Tax Court · Feb 5, 1987

The investment tax credit was disallowed because petitioners had not established that the art masters qualified for investment credit and had not established the basis of the art masters. … Because of the breadth of the statutory language, sec. 183 is clearly applicable in the instant case.

Groetzinger v. Commissioner

69 T.C. 309 · United States Tax Court · Nov 28, 1977

The will named Eric as executor, for which he qualified. Several months later Eric Groezinger died. He was succeeded as executor by his widow, petitioner Sara H. Groezinger. … Clearly, section 7405 does not preclude the attempted assessments in this case. See also Milleg v. Commissioner, 19 T.C. 395 (1952).

Dixie Portland Flour Co. v. Commissioner

31 T.C. 641 · United States Tax Court · Dec 31, 1958

the benefits of section 740 et seq. in the amendment to its petition for the taxable years 1943 through 1945, which amendment was filed on February 5, 1958, at which time the statutory period for claiming any refund had clearly … Petitioner has failed to establish any connection between the May transfer and the October transactions.

King v. Commissioner

89 T.C. 445 · United States Tax Court · Sep 9, 1987

As we have stated, petitioner herein was clearly in the trade or business of trading commodities futures. … not qualify as investment income).

Bolaris v. Commissioner

81 T.C. 840 · United States Tax Court · Nov 8, 1983

The sole issue presented to the Court in Clapham was whether the sale of the old residence qualified as a sale of the taxpayers’ "principal residence” subject to the nonrecognition provisions of section 1034. … We agree with respondent that the factors cited above in support of petitioners’ entitlement to nonrecognition treatment under section 1034 clearly show that the rental activities in question were not undertaken for such

Estate of Leeds v. Commissioner

54 T.C. 781 · United States Tax Court · Apr 16, 1970

To us this clearly is not exclusively a “charitable” use of the bequests. A second use of decedents’ bequests is the payment of retirement pensions. … Carlson, 21 T.C. 291 (1953), and the cases cited therein, as establishing that the purposes of a welfare or retirement fund for the benefit of employees of a corporation are charitable.

Miller v. Commissioner

48 T.C. 649 · United States Tax Court · Aug 8, 1967

It is well settled that leasehold interests qualify as “capital assets.” Commissioner v. … Sutliff, 46 B.T.A. 446 (1942), establish the doctrine that where a tenant disposes of his leasehold interest a sale or exchange takes place and any gain realized therefrom is a capital gain.

Philip Morris Inc. v. Commissioner

104 T.C. 61 · United States Tax Court · Jan 23, 1995

Indebtedness is treated as “qualified business indebtedness” where it is incurred or assumed by a corporation which elects to treat it as such indebtedness. … There is nothing in that history to indicate that Congress was approving public understanding or the judicial resolution of the issue before us; Congress only said that it was establishing a new set of rules, irrespective

Santos v. Commissioner

135 T.C. 447 · United States Tax Court · Oct 18, 2010

Petitioner has clearly met four of the five requirements, and the only dispute between the parties is whether she meets the third. … Respondent contends that petitioner fails to qualify for benefits on any portion of her visit under article 21 because petitioner has not established

McClelland v. Commissioner

83 T.C. 958 · United States Tax Court · Dec 20, 1984

If not, that ends our inquiry since Clinchfield clearly applied qualifying treatment processes to the coal it purchased. If so, we must determine whether Sterling itself applied such a mining treatment process. … Petitioners’ reliance upon a brief excerpt from a 1945 mining text by Arthur Taggart describing an activity called "sledging” is not sufficient to establish industry practices.

Hudson v. Commissioner

77 T.C. 468 · United States Tax Court · Aug 20, 1981

Section 46(a)(2) states that the amount of the credit is 10 percent of the qualified investment. Qualified investment is defined in section 46(c)(1) as the applicable percentage of the basis of each section 38 property. … In short, a taxpayer is entitled to reduce taxable income by an amount equal to his contribution in that year to an ordinary income account established under the MMA.

Trinova Corp. v. Commissioner

108 T.C. 68 · United States Tax Court · Feb 27, 1997

The two transactions qualified for nonrecognition status under secs. 351 , 355 , and 368 (a) (1) (D), I.R.C. … The transactions herein *72 clearly satisfy the continuing trade or business requirement.

Black v. Commissioner

53 T.C.M. 679 · United States Tax Court · Apr 28, 1987

He also falsely represented that he did not initiate any of the kickback schemes or negotiate *215 or establish the amounts of the kickback payments. … Clearly, petitioner was not immunized from any civil matter arising out of the same incidents.

Eisenberg v. Commissioner

78 T.C. 336 · United States Tax Court · Mar 3, 1982

This note established a line of credit which was used to cover the corporation’s overdrafts. … Sec. 1.166-l(c), Income Tax Regs., provides in part as follows: "Only a bona fide debt qualifies for purposes of section 166.

Manocchio v. Commissioner

78 T.C. 989 · United States Tax Court · Jun 14, 1982

Thus, the reimbursement received by petitioner clearly qualifies as a class of exempt income for purposes of section 265. The only issue, then, is whether the educational costs are allocable to the reimbursement. … of education consisting exclusively of flight training approved as meeting the requirements of subsection (a) hereof, shall be paid an educational assistance allowance to be computed at the rate of 90 per centum of the established

Cupler v. Commissioner

64 T.C. 946 · United States Tax Court · Aug 26, 1975

Clearly, such elements should not be included in determining the value of the machines themselves. … property had been “established to our satisfaction.”

Coady v. Commissioner

33 T.C. 771 · United States Tax Court · Jan 29, 1960

under section 355 because of failure to satisfy the active business requirements or the 20 percent distribution requirement, it will nevertheless qualify under section 355 if it is established to the satisfaction of the … This clearly contemplated the separation of distinct businesses. See H. Rept. No. 1337, 83d Cong., 2d Sess., p. A124.

American Auto. Asso. v. Commissioner

19 T.C. 1146 · United States Tax Court · Mar 26, 1953

The evidence and record before us clearly establish that the petitioner’s purpose to engage in business was not merely incidental and subordinate to a main purpose but was in fact a principal purpose. … Supp. 310 , nor in establishing and maintaining the integrity of a local commercial market, Crooks v.

Estate of Kappel v. Commissioner

70 T.C. 415 · United States Tax Court · Jun 7, 1978

Moreover, such conclusion is consistent with the established law in other similar situations. … Clearly, these cases have no applicability here because there is no issue of fraud and the petitioners have the burden of proof once the Commissioner has established that the mitigation provisions apply.