Case law

Reddy v. Commissioner

48 T.C.M. 667 · United States Tax Court · Jul 30, 1984

Sec. 44C(c)(5). 3 The Secretary of the Treasury is specifically authorized by the statute to issue regulations which establish criteria to be used in prescribing performance and quality standards for renewable energy source … This regulation is clearly consistent with section 44C(c)(5)(A) which applies to energy derived from geothermal deposits. 4 The fact that heating and cooling systems which do not transmit or use energy derived from geothermal

Davis v. Commissioner

88 T.C. 122 · United States Tax Court · Jan 14, 1987

At the time of its organization, Properties was not qualified to get a Federal Housing Administration (FHA) loan. Mr. Gaines was qualified. Mr. … Gaines’ assigning his general partnership interest in the seven limited partnerships, and although he did not know exactly who the general partner was supposed to be, the partnership documents clearly showed Mr.

Taft v. Comm'r

113 T.C.M. 1312 · United States Tax Court · Apr 18, 2017

Culpable Spouse’s Evasiveness or Deceit Petitioner was clearly the victim of Mr. Taft’s deceit. Mr. … Under these circumstances, we find that it would clearly be inequitable to hold petitioner liable for the deficiency.

Pullins v. Commissioner

136 T.C. 432 · United States Tax Court · May 5, 2011

Accordingly, this factor clearly weighs in favor of granting Ms. Pullins relief. … The record does not clearly reflect whether or when Ms.

Schmidt v. Commissioner

55 T.C. 335 · United States Tax Court · Nov 24, 1970

That such is its meaning is further demonstrated by the use of the qualifying phrase “in exchange for.” … Winthrop, supra, relied upon by petitioner is clearly distinguishable.

Central Commercial Co. v. Commissioner

40 T.C. 901 · United States Tax Court · Sep 3, 1963

Since the requirements, as to both chemical and physical characteristics, which a deposit must meet to qualify for use as roofing granules are more rigid than those which a deposit must meet to qualify for use as riprap, … A few commercially important nonmetallics are clearly not included in the present classification. * * * The classes of nonmetallics in the present 15-, 10-, and 5-percent gross income categories were modified somewhat to

Platt v. Comm'r

95 T.C.M. 1084 · United States Tax Court · Jan 31, 2008

That stipulation is clearly contrary to the facts that we have found are established by the record, and we shall disre- gard it. See Cal-Maine Foods, Inc. v. Commissioner, 93 T.C. 181, 195 (1989). … pension plan are to a qualified pension plan within the meaning of sec. 401(a). 18 Sec. 414(d) defines the term “governmental plan” as “a plan established and maintained for its employees by the Govern- ment of

Coca-Cola Co. v. Commissioner

106 T.C. 1 · United States Tax Court · Jan 4, 1996

(d) Definitions and Special Rules. — For purposes of this section— (2) Qualified possession source investment income. — -The term “qualified possession source investment income” means gross income which— (A) is from sources … There is no doubt and no dispute that (1) petitioner qualifies for the section 936 credit, and (2) CRI made a valid election to use the profit-split method under section 936.

Goldman v. Commissioner

41 T.C.M. 1435 · United States Tax Court · May 4, 1981

As previously noted, section 219(b)(2) very clearly provides that no deduction is allowable to an individual, if for any part of the taxable year he was an active participant *531 in a qualified pension plan. 3 The statements … The facts show that petitioner was an active participant for part of the year in the qualified pension plan established by his employer.

Moradian v. Commissioner

53 T.C. 207 · United States Tax Court · Nov 12, 1969

Clearly the benefits of the investment credit have been granted to an individual who purchases an entire preexisting business. … It has long been established that such a grant of discretion furnishes powerful support for regulations and that they should not be declared invalid unless clearly contrary to the legislative mandate. Commissioner v.

Ball v. Commissioner

47 T.C.M. 1684 · United States Tax Court · Apr 25, 1984

Fraud must be affirmatively established. Drieborg v. Commissioner, 225 F.2d 216 , 218 (6th Cir. 1955) , affg. in part a Memorandum Opinion of this Court. … Under Rules 90(e) and 91(e), these matters admitted are conclusively established.

San Jose Wellness

United States Tax Court · Feb 17, 2021

Clearly, sections 164 and 167 are limited by the exceptions in part IX, including section 280E. … - 24 - without established research departments to qualify for the deduction. Id.

Bessemer Limestone & Cement Co. v. Commissioner

22 T.C. 303 · United States Tax Court · May 14, 1954

To qualify as a tax-free exchange under the statute in controversy, compliance must be had with three conditions. … Clearly, those prior rights are not recognized, in cases where stockholders are participating in the plan, if creditors are given only a face amount of inferior securities equal to the face amount of their claims.

Redlark v. Comm'r

106 T.C. 31 · United States Tax Court · Jan 11, 1996

That word has had a long-established and well-known meaning. It has been described as a "term of art". Bregin v. … Clearly, there is more than one way to allocate interest.

Sherwood Properties v. Commissioner

89 T.C. 651 · United States Tax Court · Sep 22, 1987

Either of the described exchanges may have also qualified as a recapitalization described in section 368(a)(1)(E). … However, the language of the regulation clearly indicates otherwise.

San Jose Wellness

United States Tax Court · Feb 17, 2021

Clearly, sections 164 and 167 are limited by the exceptions in part IX, including section 280E. … - 24 - without established research departments to qualify for the deduction. Id.

First Nat'l Bank v. Commissioner

7 T.C. 1428 · United States Tax Court · Dec 31, 1946

portions of said will and state clearly what are complainant's duties, together with the rights of the various defendants thereunder * * * ." … indicated by the prayer in the bill that "the trust be established."

Pollei v. Commissioner

94 T.C. 595 · United States Tax Court · Apr 18, 1990

Commuting is one of the expenses that is so inherently personal that it cannot qualify for deductibility, irrespective of its role in the taxpayer’s trade or business. Moss v. … The cases considered by the Court of Appeals do not directly address the same issue or establish that respondent’s position was unreasonable. Christey v.

San Jose Wellness

United States Tax Court · Feb 17, 2021

Clearly, sections 164 and 167 are limited by the exceptions in part IX, including section 280E. … - 24 - without established research departments to qualify for the deduction. Id.

W. S. Badcock Corp. v. Commissioner

59 T.C. 272 · United States Tax Court · Nov 20, 1972

such method as, in the opinion of the Secretary * * * does clearly reflect income.” … of the Secretary or his delegate, does clearly reflect income.