Case law

Deihl v. Commissioner

134 T.C. 156 · United States Tax Court · Feb 23, 2010

We do not here decide whether petitioner qualifies for relief from joint and several liability under sec. 6015. 3 Mr. … We found that the record clearly established that the taxpayer husband had participated meaningfully in a prior court proceeding.

Skripak v. Commissioner

84 T.C. 285 · United States Tax Court · Feb 26, 1985

Although the regulations under section 170 do not specify whether a wholesale or retail market is to be used, the answer clearly provided elsewhere is that the retail market must be used under the circumstances existing herein … To establish this second point, petitioners’ expert witness, John Albers, attempted to construct an elaborate statistical model to establish a correlation between BFL’s catalog retail list prices and the retail prices (based

Bruce v. Commissioner

45 T.C.M. 916 · United States Tax Court · Mar 7, 1983

Any portion of the payments made to her (or on her behalf) by reason of the personal relationship between her and petitioner clearly do not qualify. … Elliott was paid by petitioner for her efforts regarding the acquisition of these properties, the payment is clearly a capital item and does not qualify for ordinary deduction. *687 Also required to be capitalized are expenses

Jefferson-Pilot Corp. v. Commissioner

98 T.C. 435 · United States Tax Court · Apr 13, 1992

Petitioner need only establish that the FCC retained one of these rights. 17 In this case, petitioner has established that the FCC retained the right to disapprove any assignment of the licenses and also retained the right … Clearly, the FCC licenses were assets which both buyer and seller knew were being transferred pursuant to the agreement.

International Tel. & Tel. Corp. etc. v. Commissioner

77 T.C. 60 · United States Tax Court · Jul 9, 1981

The Woolworth case is clearly distinguishable on two grounds. … (Aetna), not a member of the ITT Group, in a reorganization qualifying under section 368(a)(1)(C).

Feller v. Commissioner

135 T.C. 497 · United States Tax Court · Nov 8, 2010

When compared with section 6211(a)(1)(B), section 6664(a)(1)(B) contains the additional qualifying phrase “not so shown” before “previously assessed” but omits the qualifying phrase “as a deficiency” after the parenthetical … Clearly, then, so long as a taxpayer has no deficiency under section 6211(a), the plain meaning of the regulations’ language would cause a refund of a withholding credit to be a rebate under section 6664(a)(2). 5 Further,

David Muresan Scientific Research Foundation v. Commissioner

2018 T.C. Memo. 13 · United States Tax Court · Feb 5, 2018

However, he has been unsuccessful in convincing medical professionals of his views and marketing his ideas and inventions to established companies. … Although you propose to remove some of your activities, you still do not qualify for exemption.

Sohio Corp. v. Commissioner

7 T.C. 435 · United States Tax Court · Jul 31, 1946

Commissioner, and none to the exception there made and here at hand, disregards such established law, and bypasses the question presented here. … The same is clearly true here, for petitioner had obtained the producer’s oil.

DNA Pro Ventures, Inc. v. Comm'r

110 T.C.M. 346 · United States Tax Court · Oct 5, 2015

Valuations must be made in good faith and based on all relevant factors for determining the fair market value of securities. * * * Company stock not readily tradeable on an established securities market … Clearly, respondent has not abused his discretion.

Veritas Software Corp. v. Comm'r

133 T.C. 297 · United States Tax Court · Dec 10, 2009

Respondent examined VERITAS US’ 2000 and 2001 returns and concluded that the cost-sharing allocations reported did not clearly reflect VERITAS US’ income. … In a qualified cost-sharing arrangement, controlled participants share the cost of developing one or more items of intangible property. See sec. 1.482-7(a)(l), Income Tax Regs.

Goldsmith v. Commissioner

86 T.C. 1134 · United States Tax Court · Jun 4, 1986

In considering respondent’s arguments that the audit committee report qualifies as an exception to the hearsay rule under rules 803(6) and/or 803(8), we found Osterneck v. E.T. … Therefore, the contemporaneous-in-time prerequisite of rule 803(6) has clearly not been met as to these exhibits.

Hatling v. Comm'r

104 T.C.M. 475 · United States Tax Court · Oct 22, 2012

that renders any money earned from the right of accession immune from taxation”, and that the Code “defined this immunity as a ‘white citizen’ right”. … In addition, the disclosure clearly negates any intent to deceive.”), aff’g T.C. Memo. 1984-152; Raley v.

Automotive Electric Asso. v. Commissioner

8 T.C. 894 · United States Tax Court · Apr 28, 1947

The objective of the petitioner in establishing the cost of services for which a specific charge was made, such as catalogs, tune-up systems, inventory cards, and bins, jars, and boxes, was not to make either a profit or … It was not the kind of an association which Congress intended to exempt and it does not qualify for exemption under the regulation.

Estate of Schelberg v. Commissioner

70 T.C. 690 · United States Tax Court · Aug 16, 1978

IBM established the Life Insurance Plan in September 1934. … Since its inception, the Retirement Plan has been a qualified pension plan meeting the requirements of section 401, I.R.C. 1954, and predecessor provisions.

Property Owners Mut. Ins. Co. v. Commissioner

28 T.C. 1007 · United States Tax Court · Aug 23, 1957

Insurance companies may qualify in the various States to write insurance at rates which deviate from the rate promulgated by the rating bureaus. … It clearly belongs to the policyholders and should be returned to them. Respondent's argument, based upon the testimony of petitioner's actuary, is not wholly without substance.

Halsted v. Commissioner

28 T.C. 1069 · United States Tax Court · Aug 28, 1957

The petitioner, Harbeck Halsted, established two trusts in 1929 for the benefit of his wife, Hedi Halsted. … The two trusts were established *109 on November 20, 1929. In one, the trustee was the Equitable Trust Company of New York, presently the Chase Manhattan Bank of the City of New York.

Isenbergh v. Commissioner

31 T.C. 1046 · United States Tax Court · Feb 26, 1959

Section 117 clearly contemplates the exclusion from income of expenses relating to travel, research, clerical help, or equipment which are incident to a fellowship grant, but only to the extent the amounts are expended by … The record does not establish that the furnishings would have been put to similar use for 5 years.

Pusch v. Commissioner

39 T.C.M. 838 · United States Tax Court · Jan 10, 1980

*588 that the organization qualifies under section 501(c)(3) of the Internal Revenue Code . … In our view, this testimony does not show an irrevocable commitment by the Church to dispose of the assets to another qualifying charity upon dissolution. In fact, it establishes to the contrary.

Gregory v. Commissioner

39 T.C. 1012 · United States Tax Court · Mar 25, 1963

It is the duly appointed, qualified, and acting executor of the estate of Lillian B. Gregory, deceased (hereinafter sometimes referred to as Lillian or decedent). It was a coexecutor of the estate of Silas B. … It is not improper that they should establish and execute such a plan. Neither is it a hardship nor injustice that an estate tax be assessed * * *.

New Mexico Bancorporation & Subsidiaries v. Commissioner

74 T.C. 1342 · United States Tax Court · Sep 23, 1980

In order to qualify to receive public funds, a bank, at the time of deposit of funds, had to be able to meet the legal pledge requirements for acceptance of these deposits. … They clearly were aware, however, that tax-exempt bonds were being selected and used as part of the collateral by First National to secure repurchase agreements.