Case law

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.

Crosley v. Commissioner

47 T.C. 310 · United States Tax Court · Dec 16, 1966

Here, the evidence before us clearly establishes that Crosley had divested himself completely of all of such incidents many years before. … Regardless of who has the burden of proof, the record clearly establishes that Crosley had no such power with respect to any of the policies here involved. Respondent relies upon Seward’s Estate, supra, and Goldstone v.

McDonald v. Commissioner

33 T.C. 540 · United States Tax Court · Dec 21, 1959

All applications for pensions must be accompanied by a medical certificate signed by tbe Police or Fire Surgeons, wbicb shall clearly and fully disclose tbe nature and extent of tbe sickness or disability, and wbetber sucb … His was the burden to establish the exclusion.

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.

General Conference of Free Church v. Commissioner

71 T.C. 920 · United States Tax Court · Feb 28, 1979

Held , on the facts established by the administrative record and assumed to be true, petitioner was not organized and operated exclusively for religious purposes and thus is not qualified for exemption from taxation pursuant … The statement should clearly identify all sources of receipts and the purposes for which all expenditures were made.

Au Hoy v. Commissioner

58 T.C. 201 · United States Tax Court · May 2, 1972

However, there is strong evidence in the record establishing that the bookkeeping form upon which this entry was made was not in print prior to 1968. … However, as we observe later in the opinion, we do not believe they qualify for the benefits of that section.

North W. Life Assur. Co. of Can. v. Commissioner

107 T.C. 363 · United States Tax Court · Dec 12, 1996

Article vil of the Canadian Convention governs when and how much of the profits of a qualified Canadian enterprise is subject to U.S. Federal income tax. … Clearly many special problems of this kind may arise in individual cases but the general rule should always be that the profits attributed to a permanent establishment should be based on that establishment’s accounts insofar

Kelham v. Commissioner

13 T.C. 984 · United States Tax Court · Dec 20, 1949

The petitioner here is seeking immunity from tax, that is, is seeking an exemption, a matter of legislative grace. … of *1007 an equivalent amount of profit subsequently earned," denied the immunity.

Redlands Surgical Servs. v. Commissioner

113 T.C. 47 · United States Tax Court · Jul 19, 1999

Establish patient insurance billing procedures; K. … The precise contours of this doctrine are not clearly defined. The seminal case of Squire v.

Perrett v. Commissioner

74 T.C. 111 · United States Tax Court · Apr 24, 1980

Clearly, respondent is not merely sitting back and blindly relying on any presumption with respect to his determinations. … In the instant case, although petitioners presented most of the evidence to establish the prima facie factual framework for the deductions claimed, we are convinced that respondent has clearly established, by his own evidence

Roy H. Park Broadcasting, Inc. v. Commissioner

56 T.C. 784 · United States Tax Court · Jul 19, 1971

Thus, a qualified transferee of a television station can reasonably expect to secure FCC approval. … There is little doubt, however, that an established relationship between advertisers and station is of value to a station.

Ryan v. Commissioner

58 T.C. 107 · United States Tax Court · Apr 24, 1972

(Handelskredit Bank, A.G.), Zurich, Switzerland, as may be necessary to establish through the testimony of such officers and employees the bank records and accounts, and transactions therein, maintained or controlled by petitioner … It is abundantly clear from the order entered herein, and it should be clearly understood, that the Court is not at this time ruling on the admissibility of any evidence that may be obtained by respondent; that will be left

Hammond v. Commissioner

20 T.C. 285 · United States Tax Court · Apr 30, 1953

Petitioner's expenses were clearly not deductible and respondent properly disallowed them. See also York v. Commissioner , 160 F. 2d 385 . … He bases this contention on the "partnership of acquets and gains" established under the community property laws. We think the inaccuracy of the analogy is apparent.

Pollack v. Commissioner

69 T.C. 142 · United States Tax Court · Oct 27, 1977

Petitioner maintains that the interest involved failed to qualify as a capital asset under section 1221 and that, despite the language of section 741, the interest constituted an ordinary asset in his hands. … Clearly, such interpretation is not unreasonable in light of the legislative record and the language of the statute. See Commissioner v. South Texas Lumber Co., 333 U.S. 496 (1948).

McManus v. Commissioner

93 T.C. 79 · United States Tax Court · Jul 24, 1989

Thus, even where the IRS has failed to make a determination within 270 days, petitioner must establish that it took all the applicable procedural steps before this Court will find the exhaustion requirement satisfied. … Based on the information submitted by petitioner, which was clearly insufficient to warrant a favorable determination of its plans, the IRS issued final adverse determination letters.

Jones v. Commissioner

79 T.C. 1008 · United States Tax Court · Dec 14, 1982

The cases relied upon by petitioner involving payments by separate successor employers are clearly distinguishable. … Each application made for any such award shall be referred to the Inventions and Contributions Board established under section 2457 of this title.

Yoc Heating Corp. v. Commissioner

61 T.C. 168 · United States Tax Court · Nov 7, 1973

Our path to decision is framed within two cardinal principles, which apply in the reorganization area and which are so well established as not to require supporting citations. … Commissioner, fn. 16 supra, involved the question whether a particular payment was deductible or required to be capitalized and is clearly distinguishable.

Carson v. Commissioner

71 T.C. 252 · United States Tax Court · Nov 22, 1978

During the calendar year 1967, petitioner established a Wyandotte County Campaign Fund at Guaranty State Bank, Kansas City, Kans., to which he transferred $ 83,654. … organization, also would qualify under the majority opinion in the instant case as not being a gift.

Modern Home Life Ins. Co. v. Commissioner

54 T.C. 935 · United States Tax Court · May 7, 1970

Respondent further argues that by claiming a deduction for the reserves the petitioner attempted to establish a reserve for future losses and that there is *155 no Code provision which permits such a reserve to be established … It clearly appears, therefore, that the petitioner's estimates were not "in excess of the actual liability" and that the deduction could not be disallowed on that account.

Brodersen v. Commissioner

57 T.C. 412 · United States Tax Court · Dec 20, 1971

For example it has been said: “It is well established that premiums paid by a former husband on a policy of insurance which merely provides security for continued alimony or support payments to his divorced wife in the event … Finally, we note that the reference to term insurance is clearly dictum and we respectfully decline to follow it for reasons heretofore set forth.