Case law

Resorts International, Inc. v. Commissioner

60 T.C. 778 · United States Tax Court · Aug 27, 1973

However, a series of transactions which purport to be a reorganization qualifying under section 368(a) (1) (B) followed by a liquidation qualifying under section 332, but which in substance comprise a reorganization qualifying … and the subsequent liquidation is about 1 month in the case of the Michigan subsidiaries or slightly less than 9 months as in the case of the Ohio subsidiaries, thus proves nothing. 4 The timing of the liquidations was clearly

Coven v. Commissioner

66 T.C. 295 · United States Tax Court · May 18, 1976

In any event, the record clearly establishes that these payments do not constitute compensation for services rendered, and respondent’s contention in this regard cannot be sustained. 7 We thus must reach the issue whether … The evidence is clearly and consistently to the contrary, however, as described above.

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.

Baird v. Commissioner

68 T.C. 115 · United States Tax Court · Apr 27, 1977

Respondent is clearly wrong in his assertion that legal title did not pass until the deed was recorded. … of the Secretary, does clearly reflect income.

Cross v. Commissioner

83 T.C. 561 · United States Tax Court · Sep 27, 1984

It is well established that the income of Indians is taxable under this section, "unless an exemption from taxation can be found in the language of a Treaty or Act of Congress.” Commissioner v. … The purpose of the General Allotment Act is to protect Indians’ interest in their land and "to prepare the Indians to take their place as independent, qualified members of the modern body politic.”

Walliser v. Commissioner

72 T.C. 433 · United States Tax Court · Jun 7, 1979

Clearly, the tours were of a type generally considered vacation trips and, thus, under the objective test, constituted entertainment for the purposes of section 274(a). … Fla. 1973), affd. in an unpublished order 503 F.2d 1402 (5th Cir. 1974). 8 We also hold that the petitioners’ trips do not qualify as entertainment “associated with” the active conduct of a trade or business.

Specking v. Comm'r

117 T.C. 95 · United States Tax Court · Aug 28, 2001

Respondent maintains that, in TRA 1986 section 1272(a), Congress clearly intended to limit the exclusion provided by section 931 to bona fide residents of only Guam, American Samoa, and the CNMI, and to income derived from … Section 911(d)(1) defines the term “qualified individual” for purposes of section 911 to mean an individual whose tax home is in a foreign country and who is— (A) a citizen of the United States and establishes to the satisfaction

Moore v. Commissioner

85 T.C. 72 · United States Tax Court · Jul 25, 1985

You have not established that your alleged payment of a Distributorship Fee qualifies under Section 1253 of the Internal Revenue Code of 1954. … The evidence establishes that there was no compliance herein with this provision.

Ross Glove Co. v. Commissioner

60 T.C. 569 · United States Tax Court · Jul 23, 1973

Eoss of 4,474 shares of common stock, to Carla Eoss, 4,298 shares, and 1 qualifying share to each of five Bahamian residents. … Eoss’ newly born son, Hugh Andrew, each owned (except for qualifying shares) 50 percent of the nonvoting common stock, and Mr. Eoss (except for qualifying shares) owned all of the voting stock.

Leisure Time Enterprises, Inc. v. Commissioner

56 T.C. 1180 · United States Tax Court · Aug 26, 1971

Finally, we note that, in 1958, Congress enacted legislation permitting collapsible corporations to qualify under section 337 if certain requirements were satisfied. … While the committee reports tend to support petitioner’s criticism of the present law, they clearly support the Commissioner’s view of what that law is.

Galloway v. Comm'r

149 T.C. No. 19 · United States Tax Court · Oct 10, 2017

Again, the Commissioner cannot at his whim pay refunds that qualify as rebates. … Galloway professed to have followed, state clearly and unambiguously on their front page that the AOC is "Available ONLY for 4 tax years per eligible student (including any year(s) Hope credit was 5 Sec.

Platt Trailer Co. v. Commissioner

23 T.C. 1065 · United States Tax Court · Mar 28, 1955

On that date he held and owned 150 shares of capital stock of petitioner, which was the total outstanding stock of petitioner, with the exception of qualifying shares. Bertha S. … clearly reasonable.

Patten Fine Papers, Inc. v. Commissioner

27 T.C. 772 · United States Tax Court · Feb 14, 1957

When Rosebush Brothers was liquidated, its legal life was brought to a close, and there was no transfer of its powers, privileges, and immunities to petitioner. … It is well established that this Court will not consider issues not raised in the petition. Camp Wolters Enterprises, Inc., 22 T. C. 737 , affd. 230 F. 2d 555 ; Earl V. Perry, 22 T. C. 968 .

Melvin v. Commissioner

88 T.C. 63 · United States Tax Court · Jan 12, 1987

Petitioners argue primarily that the reimbursement procedure they established (utilizing figures reflected in Rev. … Clearly, the significance of the total personal mileage must be viewed in context with the percentage it represents of the total miles driven.

Dean v. Commissioner

35 T.C. 1083 · United States Tax Court · Mar 30, 1961

Such a gift cannot qualify for the statutory interest deduction. … It is well established that deductions are matters of legislative grace and must be clearly established.

Pied Piper Shoe Co. v. Commissioner

28 T.C. 499 · United States Tax Court · May 28, 1957

First, the temporary and unusual character of the circumstance or event must be clearly established. … This is not a physical event such as would qualify the petitioner for relief under section 722 (b) (1).

Estate of Jones v. Commissioner

56 T.C. 35 · United States Tax Court · Apr 8, 1971

The decedent and the Commercial Trust Co. of New Jersey duly qualified on July 22, 1949, as trustees and served as trustees during the lifetime of the decedent. … The provision clearly states the cutoff date to be July 1,1949.

Arthur I. Appleton, Jr. , and The Government of the United States Virgin Islands, Intervenor v. Commissioner

140 T.C. No. 14 · United States Tax Court · May 22, 2013

Congress established the “mirror tax system” as the tax law of the Virgin Islands in 1921. … Commissioner, 309 U.S. 304 (1940), holding that a tax return does not have to be perfect to qualify as a tax return.

Oklahoma State Union of Farmers Educational & Cooperative Union v. Commissioner

68 T.C. 651 · United States Tax Court · Aug 1, 1977

To secure equity, establish justice and apply the Golden Rule. To assist our members in buying and selling. To secure and maintain profitable and uniform prices for farm products. … Petitioner’s bylaws clearly provide that upon liquidation the assets remaining after payment to creditors shall be distributed to the members on a pro rata basis. 2.

Phillips v. Commissioner

114 T.C. 115 · United States Tax Court · Feb 29, 2000

In this case the record clearly reflects that the IRS did not notify Mr. Hoyt that his partnership items would be treated as nonpartnership items. … Accordingly, we find that petitioners have not established that respondent abused his discretion by not notifying Mr.