Case law

Peter M. Boruta, M.D., P.C. v. Commissioner

55 T.C.M. 670 · United States Tax Court · Apr 25, 1988

Beginning on or about May 1, 1979, petitioner established and maintained the Peter M. Boruta, M.D., P.C. Pension Plan and Trust, a money purchase plan that initially constituted a qualified trust under section 401(a) . … In this regard, we are most persuaded by the substantial percentage reduction in the present case, noting that "The regulation's plain language clearly directs us to consider all the facts and circumstances, of which the

Mora v. Comm'r

117 T.C. 279 · United States Tax Court · Dec 17, 2001

You did not meet one of the qualifying factors required under 6015(b) and 6015(c) lack of knowledge of the understatement. … She clearly lacked actual knowledge of the facts giving rise to the understatement. However, petitioner had “reason to know” of the understatement.

Estate of Basch v. Commissioner

9 T.C. 627 · United States Tax Court · Oct 9, 1947

Vortrefflich (or Vort), hereinafter referred to as Vort, qualified as executor. In April 1946 the corpus of the estate was transferred to Vort and Julian H. Basch, as trustees under decedent's will. … It is established by the record and is unquestioned that petitioners in Docket Nos. 11791 and 11792 are liable for the deficiency determined hereunder against petitioner in Docket No. 11793, and we so hold.

Canada v. Commissioner

82 T.C. 973 · United States Tax Court · Jun 18, 1984

Memo. 1984-87 , involved facts somewhat similar to, but clearly distinguishable from, those herein. The taxpayer therein established several facilities for instructing others in its practices and beliefs. … We also noted that "the clergy of many religious organizations which concededly qualify under section 501(c)(3) support themselves with the compensation they receive for teaching the doctrines of their respective faiths.

Makransky v. Commissioner

36 T.C. 446 · United States Tax Court · May 29, 1961

Petitioner Trust Under Deed of Joseph Binenstock (Deceased) was established by indenture of trust dated August 29, 1947. … Do the amounts which we have found are income to the trust, qualify as income required to be distributed currently ? We think not.

Hopkins v. Commissioner

15 T.C. 160 · United States Tax Court · Aug 29, 1950

With respect to the Irvington property, however, the evidence clearly establishes that the tax arrearages had greatly exceeded the fair market value of the property by the year in which petitioner first seeks to take his … The unsafe building notice issued in 1940 clearly shows that the building was not properly maintained.

Adair v. Commissioner

70 T.C.M. 998 · United States Tax Court · Oct 12, 1995

An agency and an international organization shall by mutual agreement establish the effective date of detail or transfer. 5 C.F.R. sec. 352.308. … Secretaries of Delegations were invited to submit names of qualified candidates.

Estate of Newhouse v. Commissioner

94 T.C. 193 · United States Tax Court · Feb 28, 1990

Coffee also suggested that if the board of directors were composed of persons who were neither shareholders nor corporate management, their actions would be substantially immunized from derivative suits by minority shareholders … Respondent had to establish that the subtraction method was appropriate to valuing Advance.

Pepper v. Commissioner

36 T.C. 886 · United States Tax Court · Aug 28, 1961

Expenditures by a taxpayer to protect an established business are fully deductible as ordinary business expenses. See Edward J. … However, there is no requirement that there must be an underlying legal obligation to make an expenditure before it can qualify as an ordinary and necessary business expense under section 23(a) (1) (A), supra.

Tamarisk Country Club v. Commissioner

84 T.C. 756 · United States Tax Court · Apr 24, 1985

Absent a clearly expressed legislative intention to the contrary, the language of a statute ordinarily must be regarded as conclusive. E.g., United States v. … Nothing in the committee report pertinent to section 512(a)(3)(D) supports petitioner’s argument that it is entitled to nonrecognition of gain to the extent that its "equity” (or "profit”) was reinvested in other qualifying

Schoger Foundation v. Commissioner

76 T.C. 380 · United States Tax Court · Feb 24, 1981

Held , P has not met its burden to establish that it was operated exclusively for religious or other exempt purposes within the meaning of sec. 501(c)(3), I.R.C. 1954 . John J. Mangan , for the petitioner. Bernard B. … The regulations and cases clearly contemplate that a single activity may be carried on for more than one purpose.

Estate of Gamble v. Commissioner

69 T.C. 942 · United States Tax Court · Mar 16, 1978

In Pratt the decedent established a trust during her lifetime which contained a provision directing the trustees upon her death to set aside from the principal of the trust fund the sum of $50,000 to pay the whole or any … This is a result that Congress clearly intended to avoid by enacting section 2053(c)(1)(B) (which proscribes the deduction of an estate, succession, legacy, or inheritance tax from the gross estate).

Yegan v. Commissioner

57 T.C.M. 713 · United States Tax Court · Jun 15, 1989

Petitioner's employer (the State of California) established the level of salary to be paid as compensation for petitioner's services * * *. The employer also established a pension plan with a package of benefits. … Respondent, however, argues that TEFRA section 252 clearly and unambiguously excludes from the coverage of section 457 all qualified State judicial plans and that the tax treatment for contributions to these plans is governed

Hope v. Commissioner

55 T.C. 1020 · United States Tax Court · Mar 22, 1971

The petitioner clearly wanted to sell his stock. Whether the price paid, namely $4 million, was adequate involved a question of judgment. Certainly the petitioner was best qualified to make that judgment. … The petitioner states on brief that his suit for rescission contained all the allegations essential to establish the Federal crime of mail fraud.

Avildsen Tools & Machines, Inc. v. Commissioner

26 T.C. 1127 · United States Tax Court · Sep 21, 1956

Later, after the surplus stock had been diminished, it began purchasing twist drills from established drill manufacturers. … Likewise, since we hold that petitioner is qualified under section 722 (c) (1) it is not necessary for us to consider whether it also qualifies under 722 (c) (3).

Bassett v. Commissioner

55 T.C.M. 867 · United States Tax Court · May 16, 1988

Section 911(d)(1) defines a qualified individual as: an individual whose tax home is in a foreign country and who is -- (A) a citizen of the United States and establishes to the satisfaction of the Secretary that he has been … While an exact definition of "abode" depends upon the context in which the word is used, it clearly does not mean one's principal place of business.

Smith v. Comm'r

113 T.C.M. 4077 · United States Tax Court · Jun 7, 2017

Those matters are clearly within the scope of our jurisdiction authorized by Congress in section 7623(b)(4). III. … The nondiscretionary minimum award is clearly part of the statutory regime to encourage whistleblowers.

Christensen v. Commissioner

40 T.C. 563 · United States Tax Court · Jun 21, 1963

As we view it, his basic position is that the ledger account entries communicated to the organizations were sufficient to qualify the amounts as deductible charitable contributions under the applicable provisions of section … In addition, Congress has since enacted the payment requirement of section 170(a) which clearly prevents the deduction of the amounts in question. We are perfectly satisfied that petitioner acted in good faith.

Finley v. Commissioner

33 T.C. 753 · United States Tax Court · Jan 29, 1960

We do not doubt the correctness of this contention, and the proposition can be considered well established. Guy C. Myers, 11 T.C. 447 (1948). … However, the Wattley case is clearly distinguished from that before us here.

Du Pont v. Commissioner

74 T.C. 498 · United States Tax Court · Jun 3, 1980

On February 28, 1966, the association received a determination from the Baltimore District Office, Internal Revenue Service, to the effect that it qualified as a charitable organization under section 501(c)(3). … Rule 39, Tax Court Rules of Practice and Procedure, clearly provides that the defense of estoppel must be raised in the pleadings. In this case, amendment of the pleadings is within the discretion of the Court.