Case law

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.

Estate of Eversole v. Commissioner

39 T.C. 1113 · United States Tax Court · Mar 29, 1963

Eversole, deceased, filed a “Notice to the Commissioner of Internal Eevenue of Fiduciary Relationship,” Treasury Department Form No. 56, advising the Commissioner that she was the duly qualified and acting administratix of … This language, however, does not change the nature of the petition from one which is clearly not that of the estate.

Hypotheek Land Co. v. Commissioner

16 T.C. 1268 · United States Tax Court · Jun 8, 1951

In 1950 Northwestern and De Tweede acquired all but the qualifying shares of petitioner's stock which had been held for them by their prewar employees and who were petitioner's incorporators. … These arguments, in our judgment, fail to establish *185 any consideration for the increase. Past consideration is no consideration.

Barry M. Smith & Rochelle Smith v. Commissioner

151 T.C. No. 5 · United States Tax Court · Sep 18, 2018

Like the statute, they clearly refer to the E&P of the CFC and to a distribution by the CFC, not by a deemed domestic entity. See sec. 1.962-3(a), Income Tax Regs. … Petitioners seek to limit the Sabbatino treaty exception to situations where the foreign sovereign’s actions are contrary to a clearly enunciated standard set forth in a treaty.

Hudson v. Commissioner

103 T.C. 90 · United States Tax Court · Jul 27, 1994

Depreciation is allowed in the year qualifying property is placed in service by a taxpayer. Secs. 1.167(a)-10(b) and 1.167(a)-ll(e)(l)(i), Income Tax Regs. … Valuation overstatements and thus tax-motivated transactions with regard thereto clearly exist, and petitioner is thus liable for the section 6621(c) addition to tax with respect to the portion of the 1983 tax deficiency

Stewart Trust v. Commissioner

63 T.C. 682 · United States Tax Court · Mar 19, 1975

In 1964, First National became interested in expanding its mortgage loan department and establishing investor relationships. As trustee of the John T. … We therefore hold that they qualify as “property” under section 337.

Geiger & Peters, Inc. v. Commissioner

27 T.C. 911 · United States Tax Court · Mar 12, 1957

Accordingly, to sustain its position herein, petitioner need only establish that one or more of the conditions are not present. … Among the factors which are to be considered, but not necessarily with equal importance, are the type and extent of services rendered by the employee; the scarcity of qualified employees for the particular position; the volume

Genshaft v. Commissioner

64 T.C. 282 · United States Tax Court · May 27, 1975

These were not the independent purchase of new policies but were clearly dependent upon the old policies. Each new policy contained substantially the same provisions as the old. … Their arguments were directed toward complete immunity from taxation. We need not, and do not, consider the validity of Rev. Rul. 64-328. Decisions will be entered under Rule 155.

Estate of Israel v. Commissioner

108 T.C. 208 · United States Tax Court · Apr 1, 1997

Holly typically, in the following year, closed the gain legs of the straddle transactions by offset in order to qualify the gain as capital gain. … This is illustrated clearly in appendix A-l hereto under the caption “Straddles Opened and Closed— 1980”.

Petersen v. Commissioner

35 T.C. 962 · United States Tax Court · Mar 22, 1961

Petersen duly qualified as executor of her estate in the Superior Court of the State of California in and for the County of Santa Cruz on September 11, 1953, and at all times thereafter material has been its duly qualified … But in the numerous California decisions applying the rule promulgated in the Tomaier case, the actions upon which the courts have rested have been both repugnant to the joint tenancy theory and clearly supporting the transformation

Loiler v. Commissioner

53 T.C.M. 785 · United States Tax Court · May 5, 1987

The Believers in Fellowship was established in the 1960's. Although there are elders of the group, there is no paid pastor of the group. … Loiler's self-serving statement is clearly insufficient to support his position and to overcome the presumptive correctness of respondent's determination.

Dixon v. Comm'r

91 T.C.M. 1138 · United States Tax Court · May 10, 2006

Limited Availability of Qualified Attorneys The Supreme Court has narrowly interpreted the “limited availability of qualified attorneys” factor in the context of the EAJA. See Pierce v. … - 38 - limited availability of qualified attorneys.

Estate of Littick v. Commissioner

31 T.C. 181 · United States Tax Court · Oct 24, 1958

Whereas, The Zanesville Publishing Company was founded and established by W. O. … Had either brother predeceased him we think the agreement to purchase the stock at the $200,000 figure would clearly have been en-forcible.

Kewanee Oil Co. v. Commissioner

62 T.C. 728 · United States Tax Court · Aug 29, 1974

SI— $1,788,355.04 1965 _ 1,408.51 1966 _ As a result of concessions by the parties, the only remaining issue for decision is whether Canadian Kewanee Ltd., one of the corporate petitioners herein, qualified as a Western Hemisphere … -percentage-point reduction in the tax rate. 12 Although the statutory history of the Western Hemisphere trade corporation provisions is perhaps less exhaustive than might be desired, we think it nonetheless discloses a clearly

Wetherill v. Commissioner

4 T.C. 678 · United States Tax Court · Jan 31, 1945

Cornett was appointed and is the duly qualified administrator of the estate of the decedent. … The Merchants National Bank case, supra , is clearly distinguishable on its facts.

Drucker v. Commissioner

79 T.C. 605 · United States Tax Court · Sep 30, 1982

At that retail establishment, supplies are delivered, bills are received, employees work and are supervised, and customers are served. There, all products are packaged and sold, and all gross receipts received. … Commissioner, 78 T.C. 428, 433 (1982)), any home office that qualifies under the focal point test of the majority (with its emphasis on the point of business exchange) generally will already have qualified due to client or

Smith v. Comm'r

60 T.C. 988 · United States Tax Court · Sep 26, 1973

There was no established assembly in Newfoundland during 1967 or 1968. Subsequently, an assembly initially composed of two brothers and their families was started in 1971. … Indeed, the illustrations in the above regulation suggest the contrary and indicate that the expenses need be only “incident” to the rendition of services to a qualified donee. See Archbold v. United States, 195 Ct.

Carriage Square, Inc. v. Commissioner

69 T.C. 119 · United States Tax Court · Oct 26, 1977

The reality of the transaction as a whole, as explained above, clearly shows that the general donee test of ownership cannot be satisfied. … If the reality of the transfer of interest is satisfactorily established, the motives for the transaction are generally immaterial.

Gilman v. Commissioner

72 T.C. 730 · United States Tax Court · Aug 1, 1979

As with the University Club and the Orlando Country Club, petitioner has failed to show that the yacht, qualifies under section 274(a)(1)(B). … Clearly, this testimony does not establish the business connection of the entertainment required by section 274(a) and section 274(d).

O.B.M., Inc. v. Commissioner

52 T.C. 619 · United States Tax Court · Jul 7, 1969

These liabilities totaled $7,950, and it had assets the value of which were ascertained to be worth at least $8,100 — clearly an amount sufficient to cover its liabilities. … In our opinion, a taxpayer who is seeking to qualify for the tax benefit of section 337 must establish more diligence in attempting to meet the requirements of the section.