Case law

Mather v. Commissioner

5 T.C. 1001 · United States Tax Court · Oct 30, 1945

The question for determination is whether petitioner is taxable in 1940 and 1941 on the income of four trusts which he had previously established for the benefit of four of his infant children. … That was clearly brought out by the court in its opinion in the Chandler case, supra.

Wilson v. Commissioner

39 T.C. 362 · United States Tax Court · Nov 6, 1962

Triad did not have a “qualified” retirement plan, and the annuity was “nonqualified” within the meaning of section 403,1.R.C. 1954. OPINION. … That the result is severe may pain us, but it cannot alter our decision where unconstitutionality has not been clearly demonstrated. Decision will be entered for the respondent.

J. T. S. Brown's Son Co. v. Commissioner

10 T.C. 840 · United States Tax Court · May 17, 1948

The facts clearly show, we think, that Creel Brown, Jr., and his wife Lelia sold their stock outright late in December 1942 to Favret. … Hogan, but these shares were qualifying shares and were beneficially owned by Favret.

Surface Combustion Corp. v. Commissioner

9 T.C. 631 · United States Tax Court · Oct 9, 1947

contributions to the two trusts as an ordinary and necessary expense under section 23 (a) on three alternative grounds: First, as reasonable compensation to the employees covered by the trusts; second, because the trusts qualified … Eespond-ent’s own administrative actions with reference to such a contingency have not been uniform or well established.

Washington v. Comm'r

120 T.C. 137 · United States Tax Court · Apr 21, 2003

But here, the divorce decree did not establish whose (petitioner’s or Mr. Washington’s) obligation it was to pay the unpaid 1989 tax liability. Therefore, this is a neutral factor. 2. … That language clearly relieves the spouse of all liability for the taxable year attributable to the understatement; it suggests that Congress intended that the provision “should apply to the entire taxable year and the entire

Alex v. Commissioner

70 T.C. 322 · United States Tax Court · May 24, 1978

Commissioner, 26 T.C. 707, 717 (1956)) for the premiums (purchase price) were established by Jefferson. … To facilitate a sale that will put him over an annual quota, qualify him for promotion, establish an “in” with a client, or for other reasons, he kicks back $1,800.

PPL Corp. & Subsidiaries v. Commissioner

135 T.C. 304 · United States Tax Court · Sep 9, 2010

concluded: Given the large size and representative nature of the sample considered, these statistics suffice to show that the Tax Court did not clearly … Clearly, a gross income tax is not, by its terms, a net income tax.

Fox v. Commissioner

61 T.C. 704 · United States Tax Court · Mar 7, 1974

Ten shares of the Bank of Otterville stock were unencumbered by the pledge so that petitioners could qualify as directors of that bank. … All the facts are established by Court judgments. The argument lacks merit.

Cox v. Comm'r

126 T.C. 237 · United States Tax Court · May 3, 2006

We agreed this TP needed an OIC, but I explained why he could not qualify now. Rep. said he agreed they would have to look down the road for an OIC in the future. … In conclusion, the facts of these cases do not establish any abuse of discretion.

Tucson v. Commissioner

78 T.C. 767 · United States Tax Court · Apr 29, 1982

The proposed bonds, thus, clearly fall within the general language of section 103(a)(1). That language is qualified, however, by other provisions of section 103. … In this connection, it should be noted that sec. 1.103-13(gXl) and (2), Income Tax Begs., is qualified by several other provisions.

Estate of Stewart v. Commissioner

52 T.C. 830 · United States Tax Court · Aug 14, 1969

The sole issue for our determination is whether the remainder interests in two trusts established by the decedent qualify for a charitable deduction pursuant to section 2055 1 because of the investment and management discretion … question is answered in the negative, then it would seem that each standard set forth in respondent’s regulations will have been met since, aside from the existence of the discretionary powers, the remainder shares are clearly

Rhone-Poulenc Surfactants & Specialties, L.P. v. Commissioner

114 T.C. 533 · United States Tax Court · Jun 29, 2000

In holding that section 6229 provides nothing more than a “minimum period” of limitations as an alternative to the section 6501 limitations period, the majority abandons our own precedent that section 6229(a) establishes … Clearly, there can be no partnership proceedings to adjust or modify the partnership items as reported * * * .[ 1 ] Sections 6229 and 6501 provide parallel but independent statutes of limitation.

Bagley v. Commissioner

105 T.C. 396 · United States Tax Court · Dec 11, 1995

Furthermore, it was clearly in the interest of both parties not to show an amount allocated to punitive damages. … However, clearly IBP did not want to acknowledge a payment of punitive damages.

Jet Research, Inc. v. Commissioner

60 T.C.M. 613 · United States Tax Court · Aug 28, 1990

to the tax imposed by section 11, and 2) under the authority of section 61 and section 482, Jet International's income should be taxed to Jet because Jet had not established that Jet International had a separate existence … We find nothing that indicates that Congress intended to extend the benefits of this particular provision to corporations which were not currently qualified DISC's or otherwise immunize such corporations from the reach of

Glenn v. Commissioner

3 T.C. 328 · United States Tax Court · Feb 22, 1944

evidence that Piedmont or its owner, Woodruff, reauired the incorporation, or would not have made the loan of collateral without it, other more substantial reasons for the formation of the corporation are requisite to the establishment … Since the petitioner owned all of such stock, except qualifying shares, he thus prevented any possibility of any transfer of any corporate stock.

Gerli & Co. v. Commissioner

73 T.C. 1019 · United States Tax Court · Mar 5, 1980

Clearly it was not. … Clearly, where a foreign corporation!

Phillips Petroleum Co. v. Commissioner

104 T.C. 256 · United States Tax Court · Mar 9, 1995

Exploration expenses did not qualify. The allowance was limited to permanent offshore petroleum and pipeline installations, and assets connected therewith. Onshore assets did not qualify. … A foreign charge must satisfy three tests to qualify as a creditable income tax.

L. C. Bohart Plumbing & Heating Co. v. Commissioner

64 T.C. 602 · United States Tax Court · Jul 21, 1975

Thus, in addition to creating a definitional equality between dividends at both the corporate and shareholder levels, section 316(b)(2)(B)(ii) further establishes an active reporting procedure designed to alert the Commissioner … Clearly, in enacting section 316(b)(2)(B) Congress was concerned with a problem quite distinct from the ordinary dividend situation, one in which the taxpayer’s interest in obtaining dividend treatment varied according to

Schubel v. Commissioner

77 T.C. 701 · United States Tax Court · Sep 28, 1981

The 2-percent discount fee is an established practice in the Tampa area and is the amount generally charged in that area. … L. 94-455, 90 Stat. 1520, 1541), considerable confusion surrounded the deductibility of prepaid interest and a case-by-case analysis, to determine whether the deduction of prepaid interest materially distorted or clearly

Pastene v. Commissioner

52 T.C. 647 · United States Tax Court · Jul 22, 1969

The only established liabilities of Norwich as of October 31, 1964, were as follows: FICA taxes $ 32.80 Accounting fees 174.00 Legal fees 1,036.25 Total 1,243.05 Norwich filed Treasury Form 966, Return of Information, to … The record contains the following documents: Minutes of *654 a meeting of the directors of Norwich dated November 1, 1963, which clearly outline a plan for complete liquidation to be completed no later than October 30, 1964