Case law

Southland Industries, Inc. v. Commissioner

17 T.C. 1551 · United States Tax Court · Mar 21, 1952

We shall first consider whether petitioner has established (1) above. … We think that the record clearly indicates that petitioner made a substantial change.

Miller v. Commissioner

2 T.C. 285 · United States Tax Court · Jun 29, 1943

On February 24, 1938, petitioner was appointed and qualified as statutory guardian of Lawrence Keyes Miller in the Jefferson County Court. … With that fact clearly established, it becomes apparent that thereafter the income from the property which was the subject of the gift was the income of the donee, and not that of the petitioner.

Bhutta v. Comm'r

145 T.C. 351 · United States Tax Court · Dec 22, 2015

Rul. 55–211, supra, and qualifies for an exemption under treaty art. XII. … The record clearly proves that petitioner’s purpose in the United States during 2010 was to receive medical training.

Brady v. Commissioner

45 T.C.M. 1079 · United States Tax Court · Mar 24, 1983

With regard to petitioner's Privileges and Immunities Clause argument, we quote from Estater v. Commissioner, T.C. … Petitioner makes no argument she was in the trade or business of renting in 1974 and clearly on this record she is not entitled to deduct the non-depreciation items under section 162. Cf. McGuire v.

Estate of Kolker v. Commissioner

80 T.C. 1082 · United States Tax Court · May 25, 1983

These three trusts clearly granted income interests. … The trust established by Kolker postpones the right to enjoy the trust distributions until June 13 of each year.

West Virginia Steel Corp. v. Commissioner

34 T.C. 851 · United States Tax Court · Aug 15, 1960

14, 1954; and Whereas, it is necessary to modify said plan and agreement in order to qualify same under the Internal Revenue Code. … The following summary of the pertinent testimony of petitioner's president, Roy Harris (which was not disputed) clearly reveals the facts and circumstances which occasioned the delay.

Orr Mills v. Commissioner

30 T.C. 150 · United States Tax Court · Apr 30, 1958

Petitioner’s outstanding stock, consisting of 4,000 shares of common stock, has at all times (except for 8 shares placed in the names of 8 directors for qualifying purposes) been owned by M. … The facts in this case are clearly distinguishable. It is held that the basis of the assets acquired by petitioner from Orr Cotton Mills is equal to the cost of the latter corporation’s stock.

Estate of Bongard v. Comm'r

124 T.C. 95 · United States Tax Court · Mar 15, 2005

Bongard Qualified Terminable Interest Property Trust (qtip Trust). The QTIP Trust agreement was drafted by Mr. Fullmer. … Clearly, decedent was not adverse to establishing trusts, nor is there evidence that would establish how a limited partnership interest in BFLP provided decedent with greater flexibility than he already possessed by holding

J.E. Ryckman

United States Tax Court · Aug 1, 2024

No. 105-206, § 3401, 112 Stat. 685, 746–50, and would clearly be controlling under the last-in-time rule if the Treaty and the CDP statutes could not be harmonized. … Cir. 2023) (discussing “treaty exception” text in the  25 Foreign Sovereign Immunities Act); Moore v.

Larsen v. Commissioner

89 T.C. 1229 · United States Tax Court · Dec 30, 1987

Dee Morgan (Morgan) was qualified to testify as an expert on behalf of respondent in each transaction at issue. … Despite such statement, Blumenthal, within his report, clearly utiüzed a 15-year economic Ufe, and made reference to an introduction date of 1974.

D'Angelo Assoc., Inc. v. Commissioner

70 T.C. 121 · United States Tax Court · May 2, 1978

Sale or exchange. — It is well established that the economic substance of a transaction must govern for tax purposes rather than the time sequence or form in which the transaction is cast. Gregory v. … The record clearly demonstrates that the vehicles in issue were used significantly for purposes unrelated to petitioner’s business, including the personal business of Dr. D’Angelo.

Willamette Indus. v. Commissioner

92 T.C. 1116 · United States Tax Court · May 23, 1989

Thus, the Senate Supplemental Report clearly statedthat a mere entry on the taxpayer’s books, the purchase of a bond to secure eventual payment of a judgment, or transfer of funds to an account within the taxpayer’s control … did not qualify for a deduction.

McCaskill v. Commissioner

77 T.C. 689 · United States Tax Court · Sep 24, 1981

Clearly, the returns as filed contain sufficient information for respondent to make a computation of petitioners’ income tax liability. See White v. Commissioner, supra. … establish that he provided more for the support of such child during the calendar year than the parent not having custody.

O'Connor v. Commissioner

67 T.C.M. 2708 · United States Tax Court · Apr 19, 1994

In this case, regardless of the source of the funds used to pay the additional interest, the transfer distribution was clearly the direct consequence of petitioner's participation in the old retirement plan. … In fact, the source of the authority for the payment was the amendment to the State law governing pensions, the same law which established both the old and the new retirement plans. Md.

South Penn Oil Co. v. Commissioner

17 T.C. 27 · United States Tax Court · Jul 17, 1951

An insurance company’s right to hold funds in trust is clearly recognized in that state. See section 15, Personal Property Law, N. Y. … Has petitioner established a pension trust within the meaning of section 165 of the pertinent statutes ?

Schaefer v. Commissioner

105 T.C. 227 · United States Tax Court · Sep 13, 1995

It is so well established as to not require citation that income from a valid covenant not to compete is ordinary income. … We conclude that the regulation under attack is clearly valid.

Clendenen v. Comm'r

85 T.C.M. 825 · United States Tax Court · Feb 12, 2003

Petitioners provided calculations to establish that the plan was qualified as of the taxable year ending June 30, 1987. … The declaratory judgment clearly examined the years at issue. We do not question those calculations. We therefore shall grant respondent’s motions for entry of decision.

Wadewitz v. Commissioner

39 T.C. 925 · United States Tax Court · Mar 20, 1963

corpus during her lifetime and with remainders over of any residue which may be left at her death, has likewise been held to be a terminable interest which is not includable in her gross estate (and which therefore does not qualify … Their interests under the contract clearly were not derived from the estate of Wadewitz.

Taproot Admin. Servs. v. Comm'r

133 T.C. 202 · United States Tax Court · Sep 29, 2009

But the regulation's establishment as a general principle that title won't matter if stock is held by one entity for another was an avulsive change. … Mead Corp. , supra , because they clearly fail the test's second prong. See Nelson v.

Humboldt Shelby Holding Corp. v. Comm'r

2014 T.C. Memo. 47 · United States Tax Court · Mar 18, 2014

Haber’s request for immunity. Consequently, Mr. … Haber had been available to testify, it could have established that it had nontax reasons for engaging in the option transaction. We find this unlikely.