Case law

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.

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.

Barbourville Brick Co. v. Commissioner

37 T.C. 7 · United States Tax Court · Oct 9, 1961

None of these was qualified or in a position to assume the management and responsibility of the operation of petitioner. Immediately after the death of J. R. … Bacon discussed the standards of living, health and general welfare of his family which had been established by Mr.

Pridemark, Inc. v. Commissioner

42 T.C. 510 · United States Tax Court · Jun 15, 1964

Thiman received from Pridemark, Inc., in 1958, qualify for capital gains treatment as liquidating dividends; or are these distributions taxable to them, as ordinary dividends ? … It is well established that a technical liquidation of a corporation may be merely a step that is incidental to a statutory reorganization. See, for example, Survaunt v.

Estate of Holtz v. Commissioner

38 T.C. 37 · United States Tax Court · Apr 10, 1962

04 Funeral, executor, and administrative expenses_ 10,489. 88 Debts of decedent_ 19, 357. 55 Total_ 29, 847.43 Adjusted gross estate_ 664, 295.61 Leon left bis surviving spouse a life estate in various properties wbicb qualified … F. 2d 946 (C.A. 2, 1945), affirming 2 T.C. 1052 (1943), and this is true even though such words as “absolute” and “uncontrolled” are used in connection with the trustee’s discretion, provided the external standards are clearly

Bats Global Markets Holdings, Inc. and Subsidiaries

United States Tax Court · Mar 31, 2022

It states “all computer software games,” which clearly does not include other types of software, such as trading software. See id. … Treasury Regulation § 1.199-3(i)(6)(iii)(B) specifically uses the words “to its customers” and this clearly means the customers of the third-party vendor.

Griswold v. Commissioner

39 T.C. 620 · United States Tax Court · Dec 31, 1962

Neither Griswold nor Lillian had experience as creator or trustee of a foundation prior to the establishment of Foundation. Griswold told his idea of establishing Foundation to two attorneys, who worked out the details. … During the years 1953 through 1956, Foundation made loans totaling $284,300 for clearly noncharitable purposes.

Chesapeake & O. R. Co. v. Commissioner

64 T.C. 352 · United States Tax Court · Jun 2, 1975

This, petitioner points out, involves a change only in the timing and not in the method of recapturing its track structure investment, and is an adjustment which is required in order to more clearly reflect its income. … tunnel bores. — The term “qualified railroad grading and tunnel bores” means railroad grading and tunnel bores the original use of which commences after December 31,1968.

Estate of Simonson v. Commissioner

59 T.C. 535 · United States Tax Court · Jan 10, 1973

Geiger was an executor of the estate of David Geiger and had duly qualified as such on October 16,1964. He died on May 12,1968. … Clearly, therefore, it is evident that the testator intended to make a bequest of trust principal to charity, and went to the extent of leaving a written reminder to his wife of this fact.

Pabst Air Conditioning Corp. v. Commissioner

14 T.C. 427 · United States Tax Court · Mar 16, 1950

For example, if we should assume that installation of television aerials was so integral a part of the construction industry that one installing them could be termed a member of the construction industry, clearly the business … about $14 in 1939; that during two years it was progressing more rapidly than its industry, so is entitled to use the “push back” rule; that there was ample market in New York City for air conditioning; and that Pabst, a qualified

Le Vant v. Commissioner

45 T.C. 185 · United States Tax Court · Nov 29, 1965

This clearly negates any claim that in substance LeVant first exercised the option and then exchanged the stock he received thereby for stock of Colgate. … Suffice it to say that the benefits derived by an employee from stock options (which did not qualify as restricted stock options or other options which qualify under the present sections 421-425 of the Code) which were granted

Billman v. Commissioner

83 T.C. 534 · United States Tax Court · Sep 25, 1984

In his deficiency notice, dated October 29,1981, the Commissioner disallowed petitioner’s charitable contribution "since it has not been established that any amount was contributed to any qualified charity,” increased his … The Form 1040 "Privacy Act Notice,” reproduced in part in the margin, 5 identifies all three of these sections and does so in a way which clearly fulfills the mandate of the Privacy Act. Cf. United States v.

Zietz v. Commissioner

34 T.C. 351 · United States Tax Court · May 31, 1960

They qualified as experts competent to express opinions about the relevant German law. However, some opinions of the expert witnesses are in conflict. … It is our view that from the entire will of Hugo his intention is clearly evident, and that it was to provide an inheritance to his sons succeeding their mother’s life estate.

General Tire & Rubber Co. v. Commissioner

29 T.C. 975 · United States Tax Court · Feb 27, 1958

The taxpayer seeks to qualify for relief under section 721 (a) (2) (C) on the basis of a class of income resulting from conducting research and development of tangible property during the period 1981 to 1940. … It was the first product which met the specifications of end users, established in 1932 and 1933.

Lambert Tree Trust Estate v. Commissioner

38 T.C. 392 · United States Tax Court · Jun 25, 1962

The doctrine of res judicata is based upon “considerations of economy of judicial time and public policy favoring the establishment of certainty in legal relations.” Commissioner v. Sunnen, 333 U.S. 591 (1948). … We believe that the rationale of the Grey and Scott cases clearly requires such an apportionment and we so hold. Issue 3. Application of United, Kingdom, Convention.

Flower v. Commissioner

61 T.C. 140 · United States Tax Court · Oct 31, 1973

In short nothing in the “bundle of rights” relinquished or transferred by petitioner qualifies as a capital asset and 'hence the entire consideration received therefor is taxable as ordinary income. Roscoe v. … Furthermore, paragraph (2) (A) clearly contemplates that if an employee’s reimbursable expense is deductible, the reimbursement will be included in gross income. See sec. 1.62-1 (f) (2), Income Tax Pegs.

Bush 1 c/o Stonestreet Lands Co. v. Commissioner

48 T.C. 218 · United States Tax Court · May 26, 1967

Kegs., petitioner clearly had four of them, being (1) associates, (2) an objective to carry on business and divide the gains therefrom (although not necessarily for joint profit, as discussed above), (3) continuity of life … The agency relationship was informally established and, presumably, could be nullified at any time by the participants.

Hospital Corp. of Am. v. Commissioner

109 T.C. 21 · United States Tax Court · Jul 24, 1997

Had Congress intended that outcome, we believe Congress would have clearly set forth that intent in the statute or in its legislative history. To the contrary, the statutory language supports petitioners’ position. … Accordingly, we conclude that, to the extent a disputed property item would have qualified as tangible personal property for ITC, that property also will qualify as tangible personal property for purposes of ACRS and MACRS

Hutchinson Baseball Enterprises, Inc. v. Commissioner

73 T.C. 144 · United States Tax Court · Oct 24, 1979

By letter dated June 12, 1975, petitioner was requested to establish compliance with the public support requirements of section 509(a)(2). … Petitioner is clearly not a “social club” providing facilities and equipment to its members within the meaning of the 1976 amendment to section 501(c)(3). 6 Therefore, the only remaining question is whether petitioner’s activities

Kamis Engineering Co. v. Commissioner

60 T.C. 763 · United States Tax Court · Aug 27, 1973

But it is established that they all took place on the same day and in all probability simultaneously. … Additionally, the resolution of petitioner by which its plan of liquidation was adopted referred to sections 332 and 334(b) (2) as well as section 337, but it is significant that such reference was qualified by the phrase