Case law

Berry Trust v. Commissioner

26 T.C. 344 · United States Tax Court · May 25, 1956

The record clearly demonstrates that in the ordinary course of its business activities the corporation would have either collected or charged off as worthless all but 1.336 per cent of the accounts sold on February 1, 1942 … we think he has regulated beyond that intention of Congress; and we are of the opinion that the portion of the regulations, Regulations 112, section 35.736 (a)-l (5) (3), here in issue bears no reasonable relation to the clearly

Gold Seal Liquors, Inc. v. Commissioner

28 T.C. 471 · United States Tax Court · May 28, 1957

It urges that there are four factors which qualify Component Gold Seal for relief under section 722 (b) (4), and that it has established that, for those 2 years, a fair and just amount representing normal earnings to be used … The parties have stipulated that Acquiring Gold Seal qualifies as an acquiring corporation imder section 740 (a) (4) of the Internal Revenue Code of 1939; that Component Gold Seal and its subsidiary corporation, Famous, qualify

Samis v. Commissioner

76 T.C. 609 · United States Tax Court · Apr 20, 1981

Petitioners have failed to establish that the structure is not properly classified as a “building.” … Certainly, if KF-IDS had itself constructed and operated the plant, it would clearly have to be treated as an integral and structural component of the entire apartment complex, and would not qualify for the investment credit

Shedd v. Commissioner

23 T.C. 41 · United States Tax Court · Oct 15, 1954

Therefore, the interest of the surviving spouse was clearly terminable within the purview of section 812 (e) (1) (B) unless the gift over in default of appointment was void from the time of the decedent’s death and the surviving … Petitioner cites Haywards Estate, 57 Ariz. 51 , 110 P. 2d 956 , which adopts as controlling the following rule stated in 19 American Jurisprudence 575: The general rule is well established that whenever an estate is given

Dusha v. Commissioner

82 T.C. 592 · United States Tax Court · Apr 9, 1984

are clearly available to the defendant, and grant such immunity to plaintiff so that any information or documents requested if existing would not be used in criminal matters against the plaintiff in any criminal proceeding … Commissioner, supra, clearly demonstrates his contempt for his discovery obligations and his willful, bad-faith failure to comply with this Court’s order.

Bailey v. Commissioner

88 T.C. 1293 · United States Tax Court · May 18, 1987

Grants received under social welfare programs that did not require recipients to establish individual need have not qualified under respondent’s rulings for tax exempt status under the general welfare doctrine. … Glenshaw Glass Co., 348 U.S. 426, 431 (1955), the Supreme Court held that the term “gross income” as used in the Internal Revenue Code, includes all “accessions to wealth, clearly realized, and over which the taxpayers have

Fujinon Optical, Inc. v. Commissioner

76 T.C. 499 · United States Tax Court · Mar 31, 1981

Thus, both the statute and the legislative history explaining it clearly indicate that all of the employees of a controlled group are to be considered, without limitation, for purposes of sections 401(a) and 410(b)(1). … This Court has already required aggregation under section 414(b) for purposes of testing the vesting requirements of a plan established by a 100-percent-owned subsidiary of a corporate parent.

Clapham v. Commissioner

63 T.C. 505 · United States Tax Court · Jan 30, 1975

Trisko, supra. 4 Stolk and Houlette do not establish a rule of law, but merely identify facts and circumstances deemed relevant in those cases. … Petitioners clearly complied with this requirement.

Kueneman v. Commissioner

68 T.C. 609 · United States Tax Court · Jul 26, 1977

Also, the adoption of the Rodgers interpretation would lead to results which are capricious or clearly inconsistent with the legislative history. … Having so concluded, we now turn to the facts of this case to determine whether there was a transfer of all substantial rights, bearing in mind that the petitioners have the burden of establishing that their disposition satisfied

McGahen v. Commissioner

76 T.C. 468 · United States Tax Court · Mar 26, 1981

Clearly, petitioner earned his wages in his individual capacity. Under the structure of the Basic Bible Church and by its bylaws and charter, petitioner could not be an agent of the church. … Thus, our discussion herein will relate only to the amounts qualifying for the deduction and not the entire salary for each year.

Catawba Industrial Rubber Co. v. Commissioner

64 T.C. 1011 · United States Tax Court · Sep 9, 1975

The issues for decision are: (1) Whether petitioner established a profit-sharing trust, qualified under section 401(a), I.R.C. 1954, 1 by April 30, 1972, the final day of its taxable year 1972; and (2) whether the contribution … While, in our opinion, section 401(a) clearly contemplates the existence of a trust within the employer’s taxable year in which deductions for contributions are claimed, the section does not specify what will qualify as a

Raffensperger v. Commissioner

33 T.C. 1097 · United States Tax Court · Mar 31, 1960

It is agreed chat petitioner’s salary qualifies for the exclusion unless the Club, which paid the salary, was an agency of the United States in 1953. … The Club was clearly under the supervision and control of the Army, subject to its regulations, and as such it was a nonappropriated sundry fund and an instrumentality or agency of the United States throughout the year 1958

Trebotich v. Commissioner

57 T.C. 326 · United States Tax Court · Dec 9, 1971

Before discussing these questions, the possibility that the 1966 agreement established a qualified profit-sharing plan will be examined. … Clearly, if the employers merely accumulated the funds in reserve accounts established and controlled by them, the arrangement would not constitute the funding of a qualified plan. Reginald H.

Highland Merchandising Co. v. Commissioner

18 T.C. 737 · United States Tax Court · Jul 8, 1952

; (4) it has failed to- establish what would constitute a fair and just amount representing normal earnings to be used as a constructive average base period net income. … The use of a method of accounting by the taxpayer and its acceptance by the Commissioner may be taken to indicate that it clearly reflects its taxable income for a particular period.

Epstein v. Commissioner

70 T.C. 439 · United States Tax Court · Jun 13, 1978

The corporation established a pension plan for the benefit of certain qualified employees which became effective on February 1, 1965. … That case is, therefore, clearly distinguishable.

Talley v. Commissioner

20 T.C. 715 · United States Tax Court · Jun 30, 1953

employed in keeping the books of the taxpayer, or “if the method employed does not clearly reflect the income.” … The evidence clearly establishes that neither of those qualifying conditions existed here and we do not believe respondent seriously contends otherwise.

Consolidated Freightways, Inc. & Affiliates v. Commissioner

74 T.C. 768 · United States Tax Court · Jul 22, 1980

While the fences are clearly depreciable assets, they cannot qualify for the credit as “tangible personal property” because of the explicit exclusion of the regulations. Sec. 1.48-l(c), Income Tax Regs. … A trust is clearly not a pledge.

White v. Commissioner

48 T.C. 430 · United States Tax Court · Jun 26, 1967

The casualty need not be of great or near-tragic proportions in order to qualify. … Rather, Congress merely decided to exclude casualties which did not result in losses exceeding $100; the committee reports, supra, seem expressly to recognize that many minor accidents would clearly qualify as casualties

Lincoln Electric Co. v. Commissioner

17 T.C. 1600 · United States Tax Court · Mar 26, 1952

Petitioner has properly assumed the burden of establishing the fact of reasonableness. … The record clearly establishes that petitioner’s incentive system materially contributed to increased productivity, enhanced earnings, reduced selling prices, avoided labor strife and work stoppages, and developed and retained

William Bryen Co. v. Commissioner

89 T.C. 689 · United States Tax Court · Sep 29, 1987

Plan and (2) the establishment of an excess funds account with respect to the W.B. Co. … Future litigation might be avoided by issuing regulations that more clearly define the terms “pension plan,” “money purchase pension plan,” and “target benefit pension plan.”