Case law

McCullough v. Commissioner

4 T.C. 109 · United States Tax Court · Sep 29, 1944

Petitioner and his mother were appointed and qualified as executors of the estate on June 29,1915, and acted as such until the death of the mother on July 5, 1938. … In the latter the trustee of a trust, established by the taxpayers’ mother for their benefit, had sold real estate belonging to the trust, taking back a bond.

Buena Vista Farms, Inc. v. Commissioner

68 T.C. 405 · United States Tax Court · Jun 20, 1977

and oil payment rights * * * are not capital assets even though they are concededly "property" interests in the ordinary sense. * * * Thus, the mere fact that what was sold by petitioner was a "contract right" does not establish … Thus, proceeds from the sale of such "property" represent ordinary income. *107 In the present case, the record clearly indicates that petitioner held its water primarily for sale to customers in the ordinary course of its

Lindsay Manor Nursing Home, Inc. v. Comm'r

113 T.C.M. 3994 · United States Tax Court · Mar 23, 2017

Taxpayer would not be able to meet its payroll and other basic necessities, which in turn would result in patients not receiving the needed care from qualified healthcare providers that the law mandates … In determining whether the statute clearly expresses the intent of Congress, this Court, the Court of Appeals for the D.C.

Rowlee v. Commissioner

80 T.C. 1111 · United States Tax Court · Jun 15, 1983

The opinions contained in the writings do not relate to any genuine issue of fact, and the writers had not been qualified as experts; therefore there was no foundation for admission of the opinions under rules 701, 702, and … "Impartiality is an impossibility with the tax court, it is clearly the hand maiden of the Internal Revenue Service.”

Henry C. Beck Builders, Inc. v. Commissioner

41 T.C. 616 · United States Tax Court · Feb 18, 1964

of the Secretary or his delegate, does clearly reflect income. … Management’s liquidation, 1% years after its sale of Homes stock, apparently did not qualify under the nonrecognition provisions of secs. 332 and 334.

Diamond A Cattle Co. v. Commissioner

21 T.C. 1 · United States Tax Court · Oct 9, 1953

He caused the petitioner to distribute its assets and liabilities to him as a liquidating dividend in cancellation of all but qualifying shares of its stock on August 15, 1945. … Routzahn , 282 U.S. 92 . *62 This is not a case in which the Commissioner has attempted to change a long established and consistently used method of accounting on the ground that it does not clearly reflect income or on any

Webb v. Commissioner

67 T.C. 293 · United States Tax Court · Nov 23, 1976

We think it quite evident that both the language and legislative history of these subsections clearly establish that the proceeds of the Webb estate’s sale of the Webb Co. stock to Kinchafoonee were not a dividend to Webb … death taxes qualifying under section 303.

Ory Eshel & Linda Coryell Eshel v. Commissioner

142 T.C. No. 11 · United States Tax Court · Apr 2, 2014

As regards France, the “applicable laws” are defined in article 2(1)(b) to include the following: i. laws establishing the administrative organization of social security programs; ii. laws establishing … Petitioners similarly try to establish a link with articles 12 and 13, which coordinate periods of coverage.

Bosque Canyon Ranch, L.P. v. Comm'r

110 T.C.M. 48 · United States Tax Court · Jul 14, 2015

- 16 - [*16] within a two-year period are “presumed to be a sale * * * unless the facts and circumstances clearly establish that the transfers do not constitute a sale”).6 The … Moreover, BCR I failed to make any plausible contentions sufficient to establish reasonable cause.

Davis v. Commissioner

63 T.C.M. 2849 · United States Tax Court · Apr 23, 1992

Notwithstanding her concessions, petitioner contends that she qualifies as an innocent spouse under section 6013(e). … We note that the record clearly establishes that petitioners have lived in California since approximately June 1982.

Bartel v. Commissioner

54 T.C. 25 · United States Tax Court · Jan 14, 1970

Account No. 36, which was established in February 1954, reflected 79 disbursements to the petitioner between that date and the liquidation of the corporation, for a total of $ 312,130.03. … In the case before us, the disbursements were clearly treated as loans at the times they were made.

Michel v. Commissioner

58 T.C.M. 1019 · United States Tax Court · Dec 26, 1989

Moreover, it is well-established *681 that a valid IRA is created once the requirements are met by the instrument. In Orzechowski v. … Petitioners clearly do not fall within the provisions of section 408(d)(5)(B) . Petitioners also analogize their case to Larotonda v.

Estate of Metcalf v. Commissioner

7 T.C. 153 · United States Tax Court · Jun 18, 1946

Prest, both residents of Memphis, Tennessee, are the qualified and acting executrices of his will. … There, the taxes assessed and accrued at date of death were subsequently rendered noncollectible from the estate by issuance of the Ohio Tax Commission's certificate of immunity.

H. F. Campbell Co. v. Commissioner

53 T.C. 439 · United States Tax Court · Dec 23, 1969

Technical Amendments Act of 1958, 72 Stat. 1606 . 4 To qualify for the coveted section 481 adjustments limited to 1954 Code years, therefore, petitioner must show that (1) its accounting method was changed, (2) it did not … It is well established that a 30-day letter does not give the taxpayer the right under sec. 6213(a) to petition the Tax Court for a redetermination of the deficiency, see, e.g., Heinemann Chemical Co. v.

Weller v. Commissioner

38 T.C. 790 · United States Tax Court · Sep 10, 1962

On brief respondent relies on the argument that it is well established by a long line of decisions, including Commissioner v. … It has been recognized by the Supreme Court that a gift may be separated into component parts, one of which may qualify as a present interest under the statute. Fondren v.

Booth v. Commissioner

3 T.C. 605 · United States Tax Court · Apr 14, 1944

Smith had not yet qualified to act as cotrustee. At *155 the time the insurance trusts were created petitioner filed a Federal gift tax return covering the assignment of the policies and paid a gift tax thereon. … Yet in none of them, so far as can be discovered, has that voluntary and undirected conduct of the wife resulted in attributing trust income to the grantor husband, particularly *612 where the income is as clearly the unqualified

Estate of Davis v. Commissioner

51 T.C. 269 · United States Tax Court · Nov 21, 1968

Howard Lee Davis (sometimes hereinafter referred to as decedent) died testate, a resident of Upper Montclair, N.J., on May 9, 1963. lone Davis Jones (hereinafter referred to as Jones), decedent’s daughter, duly qualified … The evidence establishes that decedent, his wife, and his mature children engaged in open, candid discussions as to what would comprise adequate support for lone.

McKnight v. Commissioner

63 T.C.M. 2853 · United States Tax Court · Apr 23, 1992

The memorandum states clearly to all recipients of lump-sum payouts that the amount will be subject to all applicable Federal, state, and local income tax withholding, as well as FICA contributions. … The determination of the Commissioner that petitioners' underpayment of tax was due to negligence or intentional disregard of rule or regulations is "presumptively correct and must stand unless the taxpayer can establish

Daniel v. Commissioner

56 T.C. 655 · United States Tax Court · Jun 29, 1971

As such, they do not qualify for the special treatment afforded periodic payments under section 71 and section 215. There are two exceptions to this rule, one statutory, and the other regulatory. … This circumstance clearly shows that the District Court’s order was not effective until the Supreme Court had decided the merits of petitioner’s appeal.

Hastings v. Commissioner

44 T.C.M. 1328 · United States Tax Court · Oct 4, 1982

Thus, the burden shifts to the custodial parent, Judith, to clearly establish that she provided more than Mr. Hastings for Bryan's support. … That evidence has been carefully considered, but we do not believe that it suffices to "clearly establish" that Judith provided more for Bryan's support than Mr. Hastings.