Case law

Farmers Coop. Co. v. Commissioner

89 T.C. 682 · United States Tax Court · Sep 29, 1987

In Farmers I we held that two separate cooperatives 1 did not qualify as exempt cooperative associations under section 521 2 because “substantially all” of their capital stock was not owned by producers who market their products … Clearly, congressional intent was to permit such cooperative efforts and, in addition, to provide certain tax exemptions.

Isaacs v. Comm'r

109 T.C.M. 1624 · United States Tax Court · Jun 30, 2015

Isaacs failed to establish that he obtained qualified appraisals of the donated fossils as required by section 170(f)(11)(C). … Isaacs does not argue that he himself was a qualified appraiser, such that the letters he drafted could be qualified appraisals.

Superior Beverage Co. v. Commissioner

58 T.C. 918 · United States Tax Court · Aug 28, 1972

This, we think, is clearly the law of California, 14 as set forth by its Supreme Court in Tu-Vu Drive-In Corp. v. Ashkins, 61 Cal. 2d 283 , 391 P. 2d 828 , 38 Cal. Rptr. 348 . … In accord with established law these regulations are valid unless plainly inconsistent with the statute. See Commissioner v. South Texas Co., 333 U.S. 496, 501 ; Bingler v.

Frisch v. Commissioner

87 T.C. 838 · United States Tax Court · Oct 28, 1986

Petitioners have the burden of establishing unreasonableness. See DeVenney v. Commissioner, 85 T.C. 927, 928-930 (1985). … the statute strongly suggests that fee awards should be allowed, unless there is legislative history which provides otherwise; (2) An attorney representing himself is precluded from other employment while so engaged and clearly

Fawn Fashions, Inc. v. Commissioner

41 T.C. 205 · United States Tax Court · Nov 15, 1963

We find, and so hold, on the basis of the considerations discussed above and on the entire record, that the petitioner has not established that the principal purpose for its acquisition was other *40 than to obtain the benefit … Respondent's regulation clearly covers the situation here. Petitioner's sales activities ceased about the end of 1955 and the corporation remained inactive for about 2 years, until L & B revived it early in 1958.

University Hill Foundation v. Commissioner

51 T.C. 548 · United States Tax Court · Jan 8, 1969

commercial activities, but organizations engaged exclusively in business activities were also accorded immunity. … Some courts, and particularly this Court, did not agree that such immunity should be accorded the latter type of organization. Compare United States v.

Time Ins. Co. v. Commissioner

86 T.C. 298 · United States Tax Court · Mar 10, 1986

Expenses from a new cause had to satisfy a separate deductible amount before a benefit period for that cause was established. … Taylor, supra, and the above decisions by the Courts of Appeals for the Third, Fourth, Fifth and Ninth Circuits is clearly misplaced, however, because the question confronted here is the correct amount of petitioner’s deduction

Moore v. Commissioner

23 T.C. 534 · United States Tax Court · Dec 28, 1954

Moore were named and qualified as executors. Administration of the estate was terminated on March 9, 1948, by order of the County Court of Knox County, Tennessee. … Clearly, no petitioner herein has an adverse interest in the share of income belonging to any other petitioner.

Cirelli v. Commissioner

82 T.C. 335 · United States Tax Court · Feb 28, 1984

Memo. 1978-202 , affd. 645 F.2d 784 (9th Cir. 1981). 28 Moreover, the requirements of section 274 have clearly not been satisfied. … Commissioner, a Memorandum Opinion of this Court, dated Feb. 17,1953, relied upon by petitioners, are clearly distinguishable on their facts.

Katz v. Commissioner

90 T.C. 1130 · United States Tax Court · Jun 15, 1988

It is well established that income tax deductions are a matter of legislative grace and that the burden of clearly showing the right to the claimed deduction is on the taxpayer. Interstate Transit Lines v. … Petitioner’s failure to report the January 3, 1978, transactions is not sufficient to establish fraud (Merritt v.

CCA, Inc. v. Commissioner

64 T.C. 137 · United States Tax Court · May 6, 1975

In accordance with Swiss law, each member of the board held 1 qualifying share of AG common stock, the beneficial ownership of which was owned by old CCA. … There is clearly nothing improper about such a purpose for the divestiture. Old CCA attempted to so divest itself by issuing preferred stock with 50 percent of the voting power of AG to non-United States shareholders.

Oxford Paper Co. v. Commissioner

33 T.C. 943 · United States Tax Court · Feb 24, 1960

Taxpayers which qualify under section 442(a) are entitled to relief computed under subsequent subsections. … Assuming, arguendo, that petitioner has established an interruption or diminution in its normal production during part of 1947 and part of 1948, as a result of the drought, we are satisfied that petitioner has failed to establish

American Community Builders, Inc. v. Commissioner

36 T.C. 364 · United States Tax Court · May 25, 1961

The facts clearly indicate that petitioner comes within the ambit of “Persons To Whom This Act Applies.” Petitioner, under section 3, elected to have section 481 apply. Section 3 of the Act provides: SECTION 3. … Conversely, a taxpayer who qualifies under section 2 of the Act but who was “notified in writing” of certain adjustments to his income “attributable to the erroneous treatment of [dealer reserve] income” which proposed a

Bergquist v. Comm'r

131 T.C. 8 · United States Tax Court · Jul 22, 2008

relating to the OHSUMG pension plan and argue without credible evidence that OHSUMG’s ability to provide a governmental plan was a necessary condition for the consolidation. ohsumg’s ability to offer a governmental plan clearly … However, the exception under section 6664(c)(1) can apply to a section 170 deduction only if (1) the claimed value of the property was based on a “qualified appraisal” made by a “qualified appraiser”, and (2) the taxpayer

Union Tex. Int'l Corp. v. Commissioner

110 T.C. 321 · United States Tax Court · May 21, 1998

Commissioner, supra, while analogous, is clearly distinguishable from the case at hand. … Therefore, Petroleum qualifies as an independent producer for the taxable years in issue. Issue 3.

Eshel v. Comm'r

142 T.C. 197 · United States Tax Court · Apr 2, 2014

the purposes of establishing entitlement to and the amount of old age, survivors, disability, or derivative benefits based on a combination of an individual’s periods of coverage under the social security system established … As regards France, the “applicable laws” are defined in article 2(l)(b) to include the following: i. laws establishing the administrative organization of social security programs; ii. laws establishing the social insurance

Ralph M. Ottuso

United States Tax Court · Sep 26, 2024

Ottuso does not qualify for any capital loss deduction. … Ottuso did not establish that it is a QNUV. Mr.

Garnett v. Comm'r

132 T.C. 368 · United States Tax Court · Jun 30, 2009

“General partners typically have management power and personal liability while limited partners lack management powers and enjoy immunity from liability for debts of the partnership.” 1 Bromberg & Ribstein, supra sec. 1.01 … In any event, respondent concedes that the manner in which the Schedules K-l described the interests does not conclusively establish that petitioners held limited partnership interests.

Royal Highlanders v. Commissioner

1 T.C. 184 · United States Tax Court · Dec 8, 1942

and (4) Has petitioner established its right to exclude certain amounts which were included in gross income in its returns? … The cited cases are clearly distinguishable on their facts.

Davis v. Commissioner

64 T.C. 1034 · United States Tax Court · Sep 11, 1975

About a year before he established his own X-ray facility, Dr. … The technician employed by X-Ray was not trained or qualified to read or interpret X-ray film.