Case law

Thorrez v. Commissioner

31 T.C. 655 · United States Tax Court · Dec 31, 1958

See sec. 1003(b) (3), 1939 Code, and Eegs. 108, see. 86.11. 1 If the gifts are to qualify as transfers of present interests, each beneficiary “must have the right presently to use, possess or enjoy the property,” in addition … Each trust instrument also provided that the beneficiary, or his parent, or duly qualified guardian, could demand at any time all or any part of the principal and aecwrmlated income.

Whistleblower 21276-13W v. Comm'r

147 T.C. 121 · United States Tax Court · Aug 3, 2016

By using the word “including”, Congress clearly intended the list of items deemed to be collected proceeds to be nonexhaustive. … - 29 - IV.B., section 7623(b)(1) establishes the manner in which the Secretary calculates the award to be made to a whistleblower who qualifies for the mandatory award program.

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.

Bujol v. Commissioner

53 T.C.M. 762 · United States Tax Court · May 5, 1987

While an exact definition of "abode" depends upon the context in which the word is used, it clearly does not mean one's principal place of business. … We hold that Bujol failed to establish a "tax home" in the U.A.E. and is ineligible for the foreign earned income exclusion.

United States Rubber Co. v. Commissioner

29 T.C. 1268 · United States Tax Court · Mar 31, 1958

Those subsidiaries qualified as component companies under section 740 of the 1939 Code, and the petitioner availed itself of supplement A (sections 740-744) of part II of subchapter E of chapter 2 of the Code for the purpose … Section 722 (a) provides in any case in which the taxpayer establishes that the tax computed under sub-chapter E of chapter 2, I. R.

Schering Corp. v. Commissioner

69 T.C. 579 · United States Tax Court · Jan 23, 1978

, deductions, credits, or allowances between or among such organizations, trades, or businesses, if he determines that such distribution, apportionment, or allocation is necessary in order to prevent evasion of taxes or clearly … section 482] authorizes the respondent [Commissioner] to apply the broad powers of that section only if he “determines that such distribution, apportionment, or allocation is necessary in order to prevent evasion of taxes or clearly

Wassenaar v. Commissioner

72 T.C. 1195 · United States Tax Court · Sep 26, 1979

deduction for his expenses at NYU by section 1.162-5(b)(3), Income Tax Regs., which provides that educational expenses are not deductible if the education “is part of a program of study being pursued by him which will lead to qualifying … The petitioner’s expenditures at NYU clearly constitute “special courses” and are nondeductible pursuant to section 1.212-l(f), Income Tax Regs., as well. 2 Accordingly, we hold that the petitioner’s educational expenses

Valley Park Ranch, LLC, Reed Oppenheimer, Tax Matters Partner

United States Tax Court · Mar 28, 2024

Respective portions shall be determined by a Qualified Appraisal meeting standards as established by the United States Department of the Treasury. II. … But a decision that is clearly erroneous contains its own basis for departure. Id.

Parks v. Comm'r

145 T.C. 278 · United States Tax Court · Nov 17, 2015

We said it loudly and clearly, ‘‘Put criminals in jail. Make ‘em do their time, and work ‘em while they’re there.’’ … By contrast, the newspaper article is itself a piece of advocacy—quite clearly making the case against the conclusions urged by the radio message.

Kaiser Aluminum & Chemical Corp. v. Commissioner

76 T.C. 325 · United States Tax Court · Feb 18, 1981

Thus, if the property transferred had clearly been inventory, for example, the transaction would have come within section .02(l)(a)(i) of the guidelines, and thus it would “fit the mold” of one type of property described … declined to deal with terms and conditions, and simply used his supplemental brief to reargue his legal theories. 21 Respondent’s position may well have merit under broader facts squarely presenting the issue, but those are clearly

R.V.I. Guar. Co. v. Comm'r

145 T.C. 209 · United States Tax Court · Sep 21, 2015

SSAP 62R, cited in the text, was originally drafted to establish rules of accounting for reinsurance. … COMMISSIONER 235 should prevent its policies from qualifying as ‘‘insurance.’’

Barbados 6, Ltd. v. Commissioner

85 T.C. 900 · United States Tax Court · Dec 10, 1985

The notice clearly states at the top, "Date fpaa Mailed to Tax Matters Partner: June 18, 1984.” … Pursuant to our Rules, a partner may participate in the action by filing with the Court a notice of election to participate setting forth facts establishing that such partner satisfies the requirements of section 6226(d).

Burwell v. Commissioner

89 T.C. 580 · United States Tax Court · Sep 16, 1987

The Burwells established a separate bank account for their Charter 30470 at Crocker Bank in the name of Universal Life Church, Inc. They alone and not ULC Modesto chose the bank and determined the account signators. … This is evidenced clearly by the checks which they wrote on the accounts. They used these accounts as any individual would use their personal checking accounts.

Heath v. Commissioner

30 T.C. 339 · United States Tax Court · May 22, 1958

separation under a decree of divorce or of separate maintenance, (2) the payments must he periodic, although they need not be made at regular intervals, (3) only those payments made and received subsequent to the decree qualify … Clearly there is no basis for application of the doctrine of estoppel under the facts in this case.

Family Chiropractic Sports Injury & Rehab Clinic v. Comm'r

111 T.C.M. 1046 · United States Tax Court · Jan 19, 2016

The Administrator shall establish a written procedure to determine the qualified status of domestic relations orders and to administer distributions under such qualified orders. … Clearly, respondent has not abused his discretion.

Estate of Fabric v. Commissioner

83 T.C. 932 · United States Tax Court · Dec 11, 1984

Steinberg, a qualified expert actuary, testified that the purchase of a private annuity in 1975 under the same terms and conditions as the decedent’s would have cost approximately $1,215,000. … The evidence demonstrates that the decedent’s death was not clearly imminent or predictable at the time she entered into the annuity agreement.

Bayou Verret Land Co. v. Commissioner

52 T.C. 971 · United States Tax Court · Sep 23, 1969

Quite clearly this provision covers petitioner’s expenditures for directors’ fees. Waldheim & Co., 25 T.C. 594 (1955). … Eespondent concedes that interest expense may qualify as a section 162 deduction, see McNutt-Boyce Co., supra, but contends that petitioner’s interest payments to Wainer do not so qualify.

Santa Barbara Club v. Commissioner

68 T.C. 200 · United States Tax Court · May 23, 1977

In summary, an examination of the legislative history surrounding the 1969 and 1976 amendments reveals clearly that Congress understood that social clubs were engaging in nonexempt activities to a substantial extent, and … They establish a limit of 15 percent on gross receipts derived from the use of facilities or services by nonmembers and a limit of 35 percent on the total amount of receipts from nonmembers.

Williams v. Commissioner

16 T.C. 893 · United States Tax Court · Apr 25, 1951

It was not established that George Herder, Jr., was incapacitated and unable to prepare his returns on the dates they were due. … The executor named, who is qualified to act when the will is admitted to probate, at which time the jurisdiction of the court terminates, is called an ‘independent executor’.”

Parks v. Commissioner

94 T.C. 654 · United States Tax Court · Apr 24, 1990

It is well established that when a taxpayer’s method of accounting does not clearly reflect income, respondent may recompute such income. Sec. 446(b); Holland v. United States, 348 U.S. 121, 130-132 (1954). … Under the circumstances of this case, the fact that respondent could not identify a specific taxable source does not immunize petitioner from liability for the tax on such unreported income.