Case law

McCutchin v. Commissioner

4 T.C. 1242 · United States Tax Court · Apr 30, 1945

Alex was president of the corporation and owned all of its stock except qualifying shares. … Petitioner Alex *198 McCutchin owned all the shares of the corporation except qualifying shares and directly managed the corporation as its president.

Runyon v. Commissioner

8 T.C. 350 · United States Tax Court · Feb 19, 1947

This is not sufficient to qualify either of these debts as one that became worthless within the taxable year. 5 Mertens Law of Federal Income Taxation, p. 416, ¶30.42, citing authorities. … We think the facts clearly establish that during 1941 Walter, Jr., rendered “vital” additional services to the partnership of Mid-South Paving' Co. within the rule of the Tower and Lusthaus cases, supra, and was entitled

Computer Sciences Corporation

United States Tax Court · Oct 6, 2025

Memo. 2020-73. 6 The record establishes that RA Herrera, who conducted the CSC return examination, made the “initial determination” to assert the sec- tion 6662 penalty. The record also establishes that Mr. … Guastello had not signified his approval—and if the IRS in consequence had not determined a penalty in the Notice of Defi- ciency—petitioner would still have had no immunity from the penalty.

Ashland Oil, Inc. v. Commissioner

95 T.C. 348 · United States Tax Court · Sep 27, 1990

or similar establishment is. … He also, however, does not expressly question that characterization, which petitioners clearly asserted in their motion.

Briggs v. Commissioner

72 T.C. 646 · United States Tax Court · Jul 9, 1979

Because the qualifying words are in the granting part of the agreement and clearly connected with the word “conveyance,” the restrictions are conditions rather than covenants. Biescar v. Czechoslovak-Patronat, supra. … If ANIOFI failed to use the ranch for the establishment of the center, petitioner intended to retake the land and hold it for another group which was willing and able to establish the center.

Coast Carton Co. v. Commissioner

10 T.C. 894 · United States Tax Court · May 18, 1948

It clearly appears that where different taxable years are involved collateral estoppel must be limited to cases where the situation squares exactly with that obtaining in the former case and the controlling facts and applicable … It rests upon considerations of economy of judicial time and public policy favoring the establishment of certainty In legal relations.

Estate of Finder v. Commissioner

37 T.C. 411 · United States Tax Court · Dec 4, 1961

In support of his claim as to the proper interpretation of the notice of deficiency, the respondent introduced the testimony and report of the revenue agent who made the examination, which clearly shows that the adjustment … It is well established that the respondent’s determination has the support of a presumption of correctness, and that the burden of proof to establish a deductible loss, and the amount of it, rests upon the taxpayer.

Goldberg v. Commissioner

31 T.C. 258 · United States Tax Court · Oct 31, 1958

All powers (discretionary or otherwise) and all duties and immunities herein conferred or imposed upon the Trustees shall be appurtenant to the office and shall belong to me while I shall act as Trustee hereunder and shall … The executors, under the will, who qualified *50 as such were Zanvyl Krieger and Baltimore National Bank.

Seiberling Rubber Co. v. Commissioner

8 T.C. 467 · United States Tax Court · Feb 28, 1947

But however their interest in the property may be described, it clearly was an equitable claim in or to it. * * * The transfer of the properties of the debtor companies to the new corporation was made pursuant to that plan … Since petitioner makes no contention supported by any fact that the debt deducted as bad in 1939, or any part thereof, was collectible in 1939, or later years, and has not established the time, or times, when the loss was

Putoma Corp. v. Commissioner

66 T.C. 652 · United States Tax Court · Jun 30, 1976

In fact, the excess amounts in that case were fully authorized and the obligation for payment firmly established. … Munter, supra at 679 . 10 At first glance it is hard to conceive of facts falling more clearly within the tax benefit rule.

Calvin A. Lim & Helen K. Chu

United States Tax Court · Jan 23, 2023

The record does not clearly establish whether Mr. Meyer has in fact returned property or cash to Integra or petitioners. In May 2019 petitioners and Integra filed suit against Mr. … The record does not clearly establish the circumstances surrounding this dismissal. Discussion I.

None

144 T.C. 279 · United States Tax Court · Apr 16, 2015

Article 7.1.A establishes the employee’s entitlement to vacations with full pay. Article 7.1.B establishes the right to accumulate unused vacation time. … Petitioners have not presented any evidence that clearly shows how many hours, if any, he accrued during those absences.

Estate of Weiskopf v. Commissioner

64 T.C. 78 · United States Tax Court · Apr 17, 1975

It qualified as an OTC under United Kingdom law and as such was exempt from United Kingdom income and profit tax on its trading income from outside the United Kingdom. … Ininco clearly paid dividends to Romney. These regulations are applicable in this case. Respondent’s determination should be adjusted accordingly. Decisions will be entered under Rule 155.

Berry Petroleum Co. v. Commissioner

104 T.C. 584 · United States Tax Court · May 22, 1995

This fact, plaintiff claims, establishes that Berry undervalued Rincon. … Although the establishment of an initial purchase price may be more clearly a part of the process of acquisition than the issues in the Wiegand litigation, our task in the case at hand is “to determine whether the origin

Powers v. Commissioner

100 T.C. 457 · United States Tax Court · May 25, 1993

The fact that the Commissioner eventually loses or concedes the case is not in itself sufficient to establish that a position is unreasonable, Broad Ave. Laundry & Tailoring v. … Sovereign immunity is not a bar to imposition of rule 11 sanctions against the United States. Adamson v. Bowen, 855 F.2d 668, 672 (10th Cir. 1988); see also United States v.

Tribune Co. v. Comm'r

125 T.C. 110 · United States Tax Court · Sep 27, 2005

Our first responsibility upon receipt of the disposition proceeds is to establish a short term portfolio management framework. … Second, petitioner asserts that “the evidence conclusively establishes that the parties valued the mbp Common at $1,375 billion.”

Carroll v. Commissioner

60 T.C. 96 · United States Tax Court · Apr 23, 1973

Pursuant to such authorization, NSF established a program of making grants to support basic scientific research. … The proposal was reviewed by NSF and its advisers to determine whether it had merit and whether the petitioner was qualified to perform the research.

Awtry v. Commissioner

22 T.C. 91 · United States Tax Court · Apr 23, 1954

We also think the terms of the will establish the agreement of the parties to dispose of all their property in a particular manner, each in consideration of the other. … The Iowa courts clearly recognize and give effect to such wills. In In re Johnson's Estate , 233 Iowa 782 , 10 N.

Starrett v. Commissioner

41 T.C. 877 · United States Tax Court · Mar 26, 1964

ULTIMATE FINDING Petitioner's purpose in obtaining psychoanalytic treatment was dual and of equal weight -- (1) to obtain so far as possible a cure of a specific disease from which he suffered and (2) to qualify for admission … There, this issue was presented as an alternative and decision was for the respondent on the ground of the failure of taxpayer to establish that he was suffering from an illness or disease or that he underwent treatment for

TOLLIVER v. COMMISSIONER

62 T.C.M. 770 · United States Tax Court · Sep 19, 1991

No argument was advanced that STRS was an individual retirement plan, and the record clearly establishes it was not. It was, as earlier stated, a qualified plan under section 401(a). … Petitioner did not articulate an argument that STRS constitutes an annuity contract as contemplated in section 403(b)(1), 3 but unless such is the case, *518 the transfer clearly did not fall within the purview of that section