Case law

Sarah S. O'Nan

United States Tax Court · May 15, 2024

The Commissioner’s position in litigation is generally established at the time he files his answer to the taxpayer’s petition. See I.R.C. § 7430(c)(7)(A); Maggie Mgmt. Co. v. … We are not aware of any statute, regulation, or judicial decision that either articulated or clearly implied this point of law before our original Opinion in this case.

Young v. Comm'r

29 T.C. 850 · United States Tax Court · Feb 17, 1958

The legislative history of section 117 (q), enacted in 1956, clearly indicates an intention to extend retroactively the substance of the 1954 provision. … On the other hand, a transfer terminable at will by the transferor would not qualify. [Emphasis added.]

Nemitz v. Comm'r

130 T.C. 102 · United States Tax Court · May 15, 2008

All of those options qualified as incentive stock options (isos). During each of the years 1997, 1998, and 2000, Mr. Nemitz exercised at least certain of the ISOs that McLeod granted to him (McLeod ISOs). … That stipulation is clearly contrary to the facts that we have found are established by the record, and we shall disregard it. See Cal-Maine Foods, Inc. v. Commissioner, 93 T.C. 181, 195 (1989).

Portland Mfg. Co. v. Commissioner

56 T.C. 58 · United States Tax Court · Apr 15, 1971

Thus, even though the taxpayer has a heavier burden under section 166(a) (2) than under section 166(a) (1), if the business judgment is coupled with facts which clearly establish the sagacity of such judgment, then it must … Clearly the price of $1,250,000 was a top asking price which would have been negotiated down by a reasonably perceptive forest products entrepreneur.

Rubenstein v. Commissioner

134 T.C. 266 · United States Tax Court · Jun 7, 2010

Clearly the condominium was subject to judicial process by the United States to collect Jerry Rubenstein’s taxes, not- withstanding any homestead … Commissioner, supra at 215 (holding that to establish equitable estoppel against the Government, there must be detrimental reliance by the party

Johnson Trust v. Commissioner

71 T.C. 941 · United States Tax Court · Feb 28, 1979

Since, by its terms, the statute clearly included an estate distributee, we refused to regard as an inadvertence Congress’ use eight times within section 302(c)(2) of that word. … For this reason, we have not included in our findings all the facts established by the evidence with respect to the remoteness of the possibility of distributions from the trust for the support and care of Mrs. Johnson.

Foundation Co. v. Commissioner

14 T.C. 1333 · United States Tax Court · Jun 30, 1950

The Control Commission developed other rates of exchange for certain transactions, and for imports and exports, such as the export draft rate, but petitioner could not qualify under the restrictions and regulations established … Clearly, 1933 and 1934 were not the years in which deduction could be allowed.

Estate of Tomec v. Commissioner

40 T.C. 134 · United States Tax Court · Apr 24, 1963

Scammell, Jr., is the duly qualified administrator of the estate of Mary Fownes Tornee (hereinafter referred to as decedent) who died intestate on April 12,1957. … Waring Mellick, Jr., born May 17,1956 On June 17, 1955, decedent established a trust hereinafter referred to as the trust) by transferring securities to trustees under a trust agreement which provided in part as follows:

W. Hills Residential Care v. Comm'r

2017 U.S. Tax Ct. LEXIS 32 · United States Tax Court · May 31, 2017

Any other conclusion would create a bizarre tax system with perverse incentives for businesses to maintain themselves on the edge of insolvency in order to enjoy immunity from tax enforcement." … The regulations clearly state that prior involvement means that an Appeals officer actually participated in an earlier, non-CDP matter. Id.

City Bank of Washington v. Commissioner

38 T.C. 713 · United States Tax Court · Aug 23, 1962

Treasury Bonds claimed on your amended final return in the amount of $583,543.36 is disallowed for the reason that the sale of the bonds qualifies for nonrecognition of gain or loss for Federal tax purposes within the provisions … Respondent argues that “all of the facts and circumstances in the instant case clearly indicate that the plan of liquidation was adopted on or before May 26,1959.”

Preece v. Commissioner

95 T.C. 594 · United States Tax Court · Dec 5, 1990

Applying section 932(a) under the Virgin Islands mirror code, the Third Circuit held that the corporation did not qualify for the subchapter S election because the shareholders from the United States were nonresident aliens … In this light, petitioners cannot rely on section 935(c) to establish that U.S. citizens are aliens of CNMI.

Romanelli v. Commissioner

54 T.C. 1448 · United States Tax Court · Jul 2, 1970

Where no threat of criminal prosecution exists because of a grant of immunity or other reason, the fifth amendment is inapplicable and testimony may be compelled. Brown v. Walker, 161 U.S. 591 (1896); Brown v. … regarding petitioner’s wagering activities in 1964; the tangible evidence secured in the October 29, 1964, search of petitioner’s business premises, Parkside Liquors; and oral admissions of petitioner at the time of the search, clearly

B. C. Cook & Sons, Inc. v. Commissioner

65 T.C. 422 · United States Tax Court · Dec 1, 1975

those years resulting from the same scheme of embezzlement that gave rise to the embezzlement loss; and that the "double reduction of tax," or "inequitable avoidance of tax" resulting from such inconsistent positions falls clearly … given different meanings depending on context and legislative purpose. 2 Why, in the context of a broad remedial statute, involving some of the most complex provisions in the Code, the word "deduction" should be rigidly immune

McRae v. Comm'r

110 T.C.M. 89 · United States Tax Court · Jul 20, 2015

SO2 contacted petitioner by telephone, explaining once again that petitioner did not qualify for a face-to-face conference. … Indeed, the only argument that he clearly advanced at the Appeals Office or in this Court was his supposed entitlement to a face-to-face hearing.

Moriarty Commissioner

48 T.C.M. 1345 · United States Tax Court · Oct 9, 1984

Petitioners' cancelled bank checks clearly establish that each "contribution" made by petitioners was deposited in the bank account of a local ULC, principally local ULC Charter No. 25,829 (which received $23,750 of the $23,950 … Imbeau testified generally that petitioners had made contributions totalling $23,950 to ULC Modesto, the evidence clearly establishes that his testimony was not based upon actual knowledge that petitioners had transferred

Phoenix Design Group, Inc.

United States Tax Court · Dec 23, 2024

Throughout trial, petitioner did not clearly distinguish the work performed by the various types of engineers. … Petitioner likewise failed to clearly set forth the work done by the CAD designers. We use the term “PDG employees” to refer collectively to the engineers and the CAD designers. III.

Garcia v. Commissioner

75 T.C.M. 2405 · United States Tax Court · Jun 3, 1998

Moreover, the TAM is clearly distinguishable from the instant case. … Petitioner testified in general terms that he relied upon the advice of his accountant to establish and administer the qualified plan, and that he relied upon his accountant's advice with respect to his personal income

Haserot v. Commissioner

46 T.C. 864 · United States Tax Court · Sep 30, 1966

But it is equally true that such a purpose does not per se establish nonequivalence. See Neff v. United States, supra at 457; Charles Swan, supra at 299. … Clearly it was no longer possible for the taxpayer to block corporate action at either parent or subsidiary level.

Basic Eng'G v. Comm'r

113 T.C.M. 1112 · United States Tax Court · Feb 1, 2017

an acceptable method and clearly reflects income. … Because the evidence clearly establishes that even if the Petromaxx SPA were a manufacturing contract, the length of the contract would render section 460(f)(2) properly applicable and would generally require petitioner

Whistleblower 8391-18W

United States Tax Court · Oct 16, 2023

In addition to the general rule that courts must construe waivers of immunity strictly in favor of the sovereign, see McMahon v. … Shaw, 478 U.S. 310, 318 (1986) (“When Congress has intended to waive the United States’ immunity with respect to interest, it has done so expressly . . . .”).