Case law

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

Gerli & Co. v. Commissioner

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

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

Seder v. Commissioner

60 T.C. 49 · United States Tax Court · Apr 5, 1973

The fund was, at all times pertinent herein, a charitable organization qualifying under section 170(c) of the Internal Revenue Code of 1954. 1 After the 3-year period, the net income was to be paid to the petitioner Frances … In Rosen, the settlors established a trust providing that the income should be paid to their children and the corpus should be distributed to the children in the future.

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

Board of Trade v. Commissioner

106 T.C. 369 · United States Tax Court · May 29, 1996

partner or employee to another qualified individual in the firm. … The court said that Pinehurst was probably at the clearly qualified end of the scale of acceptable earmarking, stating that “Although earmarking was not in question in that case, the earmarking which did occur and which was

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

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.

Ordlock v. Comm'r

126 T.C. 47 · United States Tax Court · Jan 19, 2006

Under any of these definitions, a decision regarding whether a taxpayer qualifies for a refund under section 6015(g) is a determination. … Clearly, Congress knew how to craft a limitation had it wanted to do so. See, e.g., former sec. 6013(e)(5).

American Stores Co. v. Commissioner

114 T.C. 458 · United States Tax Court · May 26, 2000

Income tax deductions are a matter of legislative grace, and the burden of clearly showing the right to the claimed deduction is on the taxpayer. See Rule 142(a); INDOPCO, Inc. v. Commissioner, 503 U.S. 79, 84 (1992). … American Stores was not defending an existing business structure from attack; rather it was attempting to establish its right to create such a structure.

Estate of Goldwater v. Comm'r

64 T.C. 540 · United States Tax Court · Jul 8, 1975

Lipkowitz, the petitioners herein who are still qualified and acting as such executors. … Clearly this section grants to the divorced spouse the right to contest the validity of such decree.

Pledger v. Commissioner

71 T.C. 618 · United States Tax Court · Jan 23, 1979

On their joint Federal income tax return for the taxable year 1971 the Pledgers reported $195,363 as income described as “compensation factor of non-qualified stock option.” … Burnup & Sims and moved to Puerto Rico where he became vice president of Call, Burnup & Sims, Inc., of Puerto Rico. 7 He was a resident of Puerto Rico until April 1972 at which time he returned to the United States and established

Standard Oil Co. v. Commissioner

68 T.C. 325 · United States Tax Court · Jun 7, 1977

Respondent’s position with respect to each of the 20 wells in question is that petitioner has not satisfied its burden of establishing that the expenditures come within the option provided by section 263(c), 7 I.R.C. 1954 … Similarly, any deduction for the cost of dry holes might be postponed until the property is disposed of or abandoned, clearly contrary to prevailing practice.

Fort Howard Corp. v. Commissioner

103 T.C. 345 · United States Tax Court · Aug 24, 1994

established that the payment does not represent consideration for the stock or expenses related to its acquisition * * *. … Despite this, the statute clearly requires such treatment in contravention of petitioner’s theory.

American Metal Products Corp. v. Commissioner

34 T.C. 89 · United States Tax Court · Apr 21, 1960

In order to establish their intent to expand, petitioners heavily rely on their corporate minutes of January 1947. These minutes, however, clearly lack the requisite specificity. … The evidence clearly establishes, and we so hold, that Adler Corporation was availed of during each of the years 1952 and 1954, and American Corporation was availed of during each of the years 1952, 1953, and 1954, for the

Hospital Corp. of Am. v. Commissioner

107 T.C. 116 · United States Tax Court · Sep 17, 1996

Does the Legislative History Clearly Reveal Congressional Intent as to the Formula To Apply ? … Consequently, we do not find the legislative history to clearly reveal Congress’ intent as to the method of calculating the uncollectible amount.

McNichol v. Commissioner

29 T.C. 1179 · United States Tax Court · Mar 28, 1958

Section 811 (c) (1) and (2), which are here involved,, are set forth in the margin. 1 Section 811 (c) (2), upon which petitioner relies, only qualifies and limits the application of section 811 (c) (1) (C). … Under the clearly apparent facts in this case the decedent retained what amounted to a life interest in the property, and the property falls within his gross estate under the provisions of Title 26, U. S. O. A.

Lazisky v. Commissioner

72 T.C. 495 · United States Tax Court · Jun 14, 1979

Such an asset is clearly amortizable over its life. Sec. 1.167(a)-3, Income Tax Regs. … In that case the parties had failed to provide a specific allocation of part of the purchase price to the covenants — which clearly possessed some value.

Gulf Oil Corp. v. Commissioner

87 T.C. 324 · United States Tax Court · Aug 11, 1986

The application of the IDC election for platforms must be consistent with the depreciation regulations because if the platforms do not qualify for IDC they do qualify for depreciation. … Commissioner, 77 T.C. at 399 ), a view which the District Court in Texaco notes “reconciles clearly with the Harper Oil analysis.” Texaco, Inc. v. United States, supra at 1175.

Bass v. Commissioner

50 T.C. 595 · United States Tax Court · Jul 22, 1968

Similarly, a corporation otherwise qualified should not be disregarded merely because It was purposely created and operated to obtain the benefits of the united States-Swiss Confederation Income Tas Convention. … Stantus had significant flesh on its bones, with the result that these cases are clearly distinguishable. As explained in National Investors Corp. v.

Trzeciak v. Comm'r

103 T.C.M. 1448 · United States Tax Court · Mar 22, 2012

My re- search indicates that the time is very clearly qualified to count toward the hours test. My reading of the three U.S. … It is clearly time spent travel- ing from home to a work site, i.e., commuting.