Case law

Colorado, Ltd. v. Commissioner

63 T.C.M. 2435 · United States Tax Court · Mar 18, 1992

expenditures of $ 1,060,208 and $ 77,420, respectively, as claimed on your returns, since it has not been established that these expenditures qualify for the credit under section 38 (as defined by section 48 ) of the Internal … There is nothing in the statute to indicate that Congress intended anything other than the basis of the taxpayer claiming the credit and in fact the statute read as a whole clearly indicates that it refers to the adjusted

Estate of McCants v. Commissioner

61 T.C.M. 2038 · United States Tax Court · Mar 4, 1991

On the same date, decedent established the Robert R. McCants Trust (Trust). Under the will, decedent's entire estate passed to the Trust. … The Estate did not designate any property listed on Schedule M as qualified terminable interest property.

La Fargue v. Commissioner

73 T.C. 40 · United States Tax Court · Oct 10, 1979

Commissioner, 273 F.2d 297 (7th Cir. 1959), revg. 31 T.C. 402 (1958), also relied upon by petitioner, is clearly distinguishable. … In so holding, we are not concluding that there may never be an arrangement between a transferor and a trust established by him which would qualify as a bona fide transfer of property for an annuity.

Reaver v. Commissioner

42 T.C. 72 · United States Tax Court · Apr 13, 1964

This latter rule is clearly established, and a decision based on that rule is not authority for the proposition that the right to elect the instalhnent method is always forfeited unless the election is affirmatively made … When it was found that the gain did not qualify for nonrecognition we permitted the taxpayers to elect, by amended petition filed in this Court, to report the gain on the installment method.

V. H. Monette & Co. v. Commissioner

45 T.C. 15 · United States Tax Court · Oct 11, 1965

He must determine that 'the allocation is necessary to prevent the evasion of taxes or to clearly reflect income. … Smithfield Farm is located outside of what is normally considered cattle country and qualified farm personnel are not readily available.

Wier v. Commissioner

17 T.C. 409 · United States Tax Court · Sep 25, 1951

They duly qualified and have since continuously acted in these capacities. … Wier, were named as cotrustees of each of these trusts; they qualified and continued to act in that capacity until the time of decedent's death.

Bissonnette v. Comm'r

127 T.C. 124 · United States Tax Court · Oct 23, 2006

A brief rest period which “anyone can, at any time, without special arrangement and without special expense, take in his own automobile or office” does not qualify. Id. at 1213. … The revenue procedures petitioner relied upon, as discussed above, clearly state that section 274(n)(l) reduces the allowable Federal M&IE rate by 50 percent.

Roundy v. Commissioner

70 T.C.M. 6 · United States Tax Court · Jul 6, 1995

The law is well established that section 72 is applicable to distributions received pursuant to the CSRS. Malbon v. United States , supra at 468 ; Shimota v. … Furthermore, in respondent's view, section 72(t) clearly applies to the CSRS. We agree with respondent that early distributions from the CSRS are subject to section 72(t) .

Frew v. Commissioner

8 T.C. 1240 · United States Tax Court · Jun 24, 1947

Petitioners herein are the duly qualified executors. Petitioners filed a Federal estate tax return for decedent's estate with the collector of internal revenue for the third district of New York on August 19, 1942. … Assuming there has been no abandonment of this issue, we think the oral testimony adduced and the instruments themselves clearly indicate the transfers were motivated by purposes associated with life rather than in anticipation

Dillin v. Commissioner

56 T.C. 228 · United States Tax Court · May 6, 1971

It is well established that an individual may have more than one residence. Rudolph Jellinek, 36 T.C. 826 (1961). … These actions clearly indicate his intention to abandon his U.S. residence as well as his intention to commence residency in the Bahamas.

Square D Co. v. Comm'r

121 T.C. 168 · United States Tax Court · Sep 26, 2003

Meyer’s findings under this approach to the ascertainment of reasonable compensation in 1992 has not been clearly established, and we reject them. A third external analysis performed by Ms. Meyer is more promising. … Francis, Free, Hite, and Pugh was 178, 367, 245, and 384 percent, respectively, we conclude that petitioner has failed to establish clearly and convincingly that any portion of the Retention Payments or disputed 1991 SRP

Berry v. Comm'r

89 T.C.M. 1089 · United States Tax Court · Apr 26, 2005

R contends that none of the payments at issue qualifies as deductible alimony. … While portions of the Family Code are devoted exclusively to the well-established components of family support, see Cal. Fam.

Massey-Ferguson, Inc. v. Commissioner

59 T.C. 220 · United States Tax Court · Nov 8, 1972

The respondent disallowed such deduction on the basis that the petitioner had failed to establish that there was an abandonment of such asset in 1961. … Wolf was qualified to value the product line.

Ocejo v. Commissioner

45 T.C.M. 584 · United States Tax Court · Jan 26, 1983

Aug. 24, 1981), we stated: A member of a religious order under a vow of poverty is not immune from Federal income tax by reason of his clerical status or his vow of poverty, but is subject to tax to the same *743 extent as … Accordingly, the interest on the accounts is clearly taxable to him.

Greene-Thapedi v. Comm'r

126 T.C. 1 · United States Tax Court · Jan 12, 2006

The Revenue Act of 1926, ch. 27, 44 Stat. 9 , established the Board’s jurisdiction to determine an overpayment in a deficiency proceeding. … The record does not conclusively establish when the offset occurred.

Schulze v. Comm'r

40 T.C.M. 1234 · United States Tax Court · Sep 16, 1980

Although transfer of an exclusive license can qualify under section 1235 , see sec. 1.1235-2(b)(2), Income Tax Regs. , petitioner has failed to establish that his receipt of the $15,000 *205 qualifies under section 1235 . … Although we considered petitioner to be a candid witness, his testimony was inexact and did not clearly identify "the nature and quantity of the rights transferred and retained."

Union Carbide Corp. v. Comm'r

97 T.C.M. 1207 · United States Tax Court · Mar 10, 2009

Held, further, P has established that it incurred $1,045 of additional qualified research expenditures  - 2 - (QREs) for wages paid to specific plant employees for qualified services … We find that it is unlikely that any method of identifying qualified research has been assigned a rate of error, but Congress clearly intended for some taxpayers to be eligible for the research credit.

Rand v. Comm'r

141 T.C. 376 · United States Tax Court · Nov 18, 2013

According to petitioners, the provisions in the Code allowing tax credits clearly distinguish between credits and the taxes against which credits are applied. … When testing the validity of a regulation, we generally look to the two-part test established under Chevron, U.S.A., Inc. v. Natural Res. Def. Council, Inc., 467 U.S. 837 (1984).

Schottenstein v. Commissioner

75 T.C. 451 · United States Tax Court · Dec 29, 1980

The only fact which this evidence clearly established was that the negotiations prior to execution of the separation agreement were protracted, acrimonious, and at arm’s length. … There is no question that the payments made as maintenance and support under par. 3(g) of the separation agreement qualify as alimony under sec. 71(a). We have no evidence as to what the par. 16 referred to provided.

Simpson v. Commissioner

43 T.C. 900 · United States Tax Court · Mar 30, 1965

Except for one qualifying share, the stock of Collins-Crain was initially issued in the name of Dobson. … It was in accordance with his established practice to provide the corporation with adequate capital for expansion and other purposes.