Case law

Curt Teich Foundation v. Commissioner

48 T.C. 963 · United States Tax Court · Sep 29, 1967

(2) Did Curt Teich, Sr.’s gift of securities to the Curt Teich Foundation qualify as a deductible charitable contribution on his 1960 gift tax return? … Respondent does not question the fact that the foundation qualified under sec. 501(c) (3) for its taxable years 1952 through 1958.

Hug Co. v. War Contracts Price Adjustment Board

14 T.C. 621 · United States Tax Court · Apr 18, 1950

While the holders of the new stock and the notes had the right to elect four directors in the case of the petitioner’s default in certain respects the evidence clearly establishes that no action was taken by them toward that … of twelve months, the $500,000 amount and the $25,000 amount shall be reduced to the same fractional part thereof for the purposes of this paragraph. 348.2 Computation of Aggregate Receipts and Accruals. (1) In order to qualify

Barrett v. Commissioner

96 T.C. 713 · United States Tax Court · May 20, 1991

Respondent maintains that petitioners have not shown that they qualify for the section 1341(a)(5) credit. … All of these facts clearly indicate that the settlement was made in good faith and at arm’s length; there is no evidence to the contrary, and respondent does not suggest that the settlement was collusive.

Irwin v. Commissioner

45 T.C. 544 · United States Tax Court · Mar 17, 1966

This general principle was established in the installment sales cases at least as early as W. H. … Therefore, gain on these assets could not qualify under the 30-percent test. The rest of the assets, however, produced no cash in the year of sale, and, therefore, qualified for installment sale treatment.

Rosen v. Commissioner

48 T.C. 834 · United States Tax Court · Sep 15, 1967

amounts so as to qualify for the section 2503 (b) exclusion. … However, the Government has not challenged the exclusions herein on the ground that the gifts failed to qualify as present interests.

Varian Medical Systems, Inc. and Subsidiaries

United States Tax Court · Aug 26, 2024

Legal Principles We begin by considering some legal principles established more than 100 years ago. A. … qualify here.

McWilliams v. Commissioner

69 T.C.M. 2107 · United States Tax Court · Mar 20, 1995

"Except to the extent it has waived its immunity, the Government is immune from claims for attorney's fees. … The exception for "limited availability of qualified attorneys for the proceedings involved" must refer to attorneys "qualified for the proceedings" in some specialized sense, rather than just in their general legal competence

FMR CORP. v. COMMISSIONER

110 T.C. 402 · United States Tax Court · Jun 18, 1998

Each additional RIC covered by a preexisting trust document is established as a separate series of that trust. In effect, the trust establishing one RIC can support any number of additional separate series Ric’s. … Accordingly, we hold that these expenditures do not qualify for deduction as “ordinary and necessary” business expenses under section 162(a).

Estate of Hall v. Commissioner

93 T.C. 745 · United States Tax Court · Dec 26, 1989

Decedent's will established a split-interest charitable remainder trust which failed to comply with the form requirements for deduction prescribed in sec. 2055(e)(2)(A), I.R.C. 1954 . … Thus, the charitable bequests contained in the will clearly fail to meet any of the prescribed statutory forms for a split interest charitable remainder trust. Petitioner does not contend otherwise.

Gundanna v. Comm'r

136 T.C. 151 · United States Tax Court · Feb 14, 2011

The disputed exhibits are not unduly duplicative, as there are variations in the material that help to establish the chronology of events. As the evidence establishes that Mr. … Because the evidence adduced so clearly establishes that petitioner anticipated receipt of benefits in exchange for his transfer of the stocks to the Foundation, respondent has satisfied any burden of proof he might bear

Dall v. Commissioner

23 T.C. 580 · United States Tax Court · Dec 31, 1954

The essential fact which the petitioner has not established is that stock having a fair market value of $15,235.42, received by him in 1946, was compensation for personal services. … Clearly the payment was, in fact, a reimbursement for past expenses and an advance against future expenses. It, therefore, does not qualify under the specific requirements of section 107 (a).

Estate of Hubert v. Commissioner

101 T.C. 314 · United States Tax Court · Oct 19, 1993

Here, we clearly have a provision in the will which controls the allocation. … of foreign mission field medical clinics qualify for a charitable deduction.

Coastal Petroleum Refiners, Inc. v. Commissioner

94 T.C. 685 · United States Tax Court · May 8, 1990

As a result of the Crude Oil Entitlements Program, qualifying crude oil had a market price higher than that of residual fuel oil. … Petitioner has not established that respondent’s preconcession position in this case was “directly contradicted” by a “clearly articulated administrative position” set forth in a revenue ruling. Phillips v.

Heyn v. Commissioner

46 T.C. 302 · United States Tax Court · Jun 9, 1966

The accident would nonetheless qualify as a casualty, notwithstanding the owner’s negligence or that the accident was the consequence of his having taken a calculated risk in respect of known hazards. … Also, it appears likely that the slide, to a certain extent at least, merely revealed more clearly or emphasized the need for costlier construction than had previously been anticipated.

Boettiger v. Commissioner

31 T.C. 477 · United States Tax Court · Nov 28, 1958

C. 1954. 5 Thus, since the above-cited New Jersey cases clearly indicate that the separate maintenance suit between the petitioner and his wife only effectuated the wife’s right to support, and does not affect their marital … Since the California decree qualifies, section 215 then allows the deduction to be taken by the petitioner.

Estate of Fried v. Commissioner

54 T.C. 805 · United States Tax Court · Apr 22, 1970

The use of the disjunctive “ox otherwise” clearly speaks of successive deaths from any cause whatsoever — natural as well as accidental. … The court held that the provision of the will clearly referred to two separate conditions.

Schuster v. Commissioner

84 T.C. 764 · United States Tax Court · Apr 29, 1985

She accumulated annual leave and sick leave, and she qualified for Federal Health benefits. … She accumulated annual leave and sick leave, and she qualified for Federal health benefits.

Bailey v. Commissioner

90 T.C. 558 · United States Tax Court · Mar 31, 1988

Columbia’s financial interests combined with its exploitation of the films clearly indicate it had all the rights and responsibilities of ownership. … the property) an amount equal to the qualified U.S. production costs.

Bush Hog Mfg. Co. v. Commissioner

42 T.C. 713 · United States Tax Court · Jul 16, 1964

He must determine that the allocation is necessary to prevent the evasion of taxes or to clearly reflect income. … affirmatively that the reasons, among others, for forming a separate sales' company for each sales territory were to permit the salesmen to acquire proprietary interests in the company they worked for, to avoid having to qualify

Hampton v. Commissioner

38 T.C. 131 · United States Tax Court · Apr 24, 1962

You have not established that you were domiciled in a community property state. … They also hold that the fact as well as the form of such bona fide transactions must be clearly proved when their tax effect is in issue. Here, petitioner has not shown even the form of any agreement with his wife.