Case law

Ong v. Comm'r

103 T.C.M. 1624 · United States Tax Court · Apr 19, 2012

Further, petitioner’s books and records list many expenses that are clearly personal. … Petitioner’s attempt to deduct these clearly personal expenses makes it difficult for the Court to give credibility to any deduction where she has not established a clear business purpose.

Baan v. Commissioner

45 T.C. 71 · United States Tax Court · Oct 19, 1965

Had it distributed the Northwest stock directly to its stockholders without consideration there would clearly have been the type of divisive reorganization contemplated by the statute, at least as far as subparagraph (A) … and securities in the controlled corporation held by it immediately before the distribution, or (ii) an amount of stock in the controlled corporation constituting control within the meaning of section 368(c), and it is established

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.

Drobny v. Commissioner

86 T.C. 1326 · United States Tax Court · Jun 26, 1986

Kamensky did not guarantee such loans, and the investors had to qualify for them. In a letter dated December 17, 1979, to Messrs. Adler and Drobny, Mr. … We conclude that this evidence, taken as a whole, clearly and convincingly indicates that Mr.

Schultz v. Commissioner

54 T.C.M. 491 · United States Tax Court · Sep 14, 1987

Respondent clearly has satisfied his burden of proving fraud. … To qualify as an innocent spouse under section 6013(e), among other requirements, petitioner must establish that there was a substantial understatement of tax attributable to grossly erroneous items of her ex-husband, sec

I. S. C., Inc. v. Commissioner

37 T.C.M. 1206 · United States Tax Court · Jul 27, 1978

The issues remaining for decision are: (1) Whether the petitioner established a stock bonus trust qualified under section 401(a) of the Internal Revenue Code of 1954 1 by September 30, 1970, the final day of its taxable year … If we find that the petitioner established a qualified stock bonus trust as of September 30, 1970, we must also determine the fair market value of 25.3 shares of stock contributed by it to such trust on June 14, 1971, for

Robinson v. Commissioner

82 T.C. 444 · United States Tax Court · Mar 13, 1984

Obviously, their intent was to delay the effective date of these documents, at least in part so that Robinson could qualify for the Wang stock option. … We noted, however, that sec. 1.421-7(c), Income Tax Regs., specifically limits its application to Code secs. 421 through 425, i.e., qualified stock option plans.

Warnack v. Commissioner

71 T.C. 541 · United States Tax Court · Jan 15, 1979

The record does not indicate how much, if any, property was acquired by the couple outside California and before they established their domicile in that State. … In our case, the parties are separated, and we clearly have a written separation agreement executed after August 16, 1954.

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.

Doty v. Commissioner

81 T.C. 652 · United States Tax Court · Sep 28, 1983

Thus, petitioner clearly had a community property interest in the syndicate agreement. … The character of community income is established by the circumstances under which it is obtained. * * * For example, one-half of the income earned by one spouse • in a community property state is "earned income” of the other

Stanley Works v. Commissioner

87 T.C. 389 · United States Tax Court · Aug 12, 1986

The gift of a conservation easement to a qualified charitable organization is not, per se, a tax gimmick. … Expert testimony established to our satisfaction that the environmental effects of damming the river could have been mitigated.

Bell Aircraft Corp. v. Commissioner

32 T.C. 355 · United States Tax Court · May 14, 1959

In order to qualify for relief under this section, the petitioner must establish, within the framework of the statute and the applicable regulations, (1) the class and amount of abnormal income in the taxable year; (2) the … Such attribution clearly gives “due regard * * * to the nature of the claim upon which the recovery is founded” within tlie provisions of Regulations 130, section 40.456-6 (b), previously quoted.

Diamond Gardner Corp. v. Commissioner

38 T.C. 875 · United States Tax Court · Sep 17, 1962

Petitioner executed qualified consent on Form 977 accepted by the assistant regional commissioner, appellate, of the Chicago region on the dates shown below, extending the period during which petitioner’s transferee liability … The taxpayer should clearly be permitted to recover the excessive amount thus collected.

Sparrow v. Commissioner

57 T.C.M. 816 · United States Tax Court · Jun 27, 1989

In the absence of its consent, the Federal government is, of course, immune from suit. United States v. Sherwood, 312 U.S. 584 (1941) . … Female sewing *331 machine operators established they were entitled to be paid at the level of male bookbinders. The District Court awarded the taxpayer back pay of $ 66,795.19 and liquidated damages of $ 66,135.27.

Woodward v. Commissioner

24 T.C. 883 · United States Tax Court · Aug 11, 1955

The substitute trustees named in the wills at all times material herein have been and are the duly qualified and acting trustees for the respective estates. … Such regulations unless clearly arbitrary and unreasonable are to be strictly adhered to. Santa Monica Mountain Park Co. v. United States , 99 F. 2d 450 ; Ruud Manufacturing Co ., 10 T. C. 14 , affd. 173 F. 2d 222 .

Bolten v. Commissioner

95 T.C. 397 · United States Tax Court · Oct 4, 1990

They conjure up a hypothetical scenario calculated to establish that a portion of section 1314(a) would have been “superfluous” if the Commissioner’s position were accepted here. … But nowhere did their brief directly or clearly make the argument that sec. 1311(b)(1)(B) was inapplicable on the ground that the “maintained” requirement was not satisfied.

Watson v. Commissioner

54 T.C.M. 1601 · United States Tax Court · Jan 27, 1988

authority for this position except he pointed to a magazine article published in 1986 which suggested that the Internal Revenue Service requires that a taxpayer show a profit on farming for two out of five consecutive years to qualify … Joann so testified despite the fact that she is jointly liable for any deficiency assessed against petitioner for the taxable year 1978. 10 Joann testified that she had not been offered immunity from respondent nor had she

Crawford County Printing & Pub. Co. v. Commissioner

17 T.C. 1404 · United States Tax Court · Feb 29, 1952

In accordance with petitioner's long-established policy of expansion and growth, R. C. … The record clearly supported all of such findings. No such findings are possible on the record in the instant case and clearly the Stanton case is not controlling.

Johnson v. Comm'r

108 T.C.M. 571 · United States Tax Court · Nov 25, 2014

Upon the finalization of our divorce in 2010, the divorce decree * * * clearly states that each party was responsible for one half of the remaining taxes owed for 2007. … [Our] divorce decree clearly states that each of us was responsible for one half of the remaining tax liability from 2007. I have paid my half in full at this time.

BASF Wyandotte Corp. v. Commissioner

62 T.C. 704 · United States Tax Court · Aug 28, 1974

An 11-year life was established for the multiple-asset account, producing a 9.09-percent annual rate of depreciation. … Subsection (3) defines section 1245 property, and there is no dispute that the properties here involved qualify as such.