Case law

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.

Estate of Council v. Commissioner

65 T.C. 594 · United States Tax Court · Dec 22, 1975

Decedent was the beneficiary of a marital deduction trust established by her husband's will. … Nor do we believe that the trustees' actions were clearly contrary to the testator's intent. In Campbell v.

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.

Shea v. Commissioner

112 T.C. 183 · United States Tax Court · Apr 1, 1999

The factual basis required to establish whether STG’s income was understated is different from the factual basis necessary to establish whether community property law or section 66(b) applies. … This subsection shall not apply to any qualified nonpersonal use vehicle (as defined in subsection (i)). See appendix.

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.

Twin Oaks Community, Inc. v. Commissioner

87 T.C. 1233 · United States Tax Court · Dec 3, 1986

In 1967, the organizers of Twin Oaks acquired 123 acres of land along the South Anna River in Louisa County, Virginia, on which a community was established. … not a qualified donee organization under section 170.

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.

Shafrir v. Comm'r

96 T.C.M. 450 · United States Tax Court · Dec 15, 2008

- 7 - establish the amount and purpose of deductions claimed. Sec. 6001; sec. 1.6001-1(a), Income Tax Regs. … The claimed Hope Scholarship credits for his son and daughter were clearly not allowable. We sustain respondent’s imposition of the accuracy-related penalty under section 6662(a).

Divine v. Commissioner

59 T.C. 152 · United States Tax Court · Oct 25, 1972

The legislative history of section 421 and an analysis of the cases which led to its adoption clearly support our holding in Luckman. … Tour committee’s bill * * * establishes a new set of rules for the tax treatment of certain employees stock options.

Webber v. Commissioner

144 T.C. 324 · United States Tax Court · Jun 30, 2015

Respondent does not con- tend that the Policies fail these tests or that they otherwise fail to qualify as ‘‘life insurance contracts’’ within the meaning of section 7702(a). … Lipkind was clearly a competent tax adviser. He is an expert in income and estate tax, and he diligently researched the relevant legal issues.

Estate of Heim v. Commissioner

56 T.C.M. 146 · United States Tax Court · Sep 13, 1988

Heim's will was drawn by an experienced attorney, there is a presumption that language in it was used in its technical sense unless the will or the circumstances surrounding its execution clearly indicate that the language … Heim to qualify as a marital deduction gift. *474 His will itself does not evidence an intention that the gift qualify for the marital deduction.

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."

Bellamy v. Commissioner

43 T.C. 487 · United States Tax Court · Jan 27, 1965

It is well established that not everything which can be called property in the ordinary sense, and which is outside the statutory exclusions, qualifies as a capital asset; and that a capital asset is something in which the … Clearly the amount in question in the instant case did not represent, to any extent, consideration for the transfer of any property interest comparable to that involved in the Ferrer case.

Farber v. Commissioner

43 T.C. 407 · United States Tax Court · Jan 7, 1965

the case of Emanuel Hollman, supra, upon which petitioners rely, as clearly distinguishable on its facts. … Suffice it to say that in this case whatever criteria might be regarded as controlling in a criminal case, the evidence before us clearly establishes that this petitioner had the mental capacity to intend to commit fraud

Maple Leaf Farms, Inc. v. Commissioner

64 T.C. 438 · United States Tax Court · Jun 19, 1975

All ducks being slaughttered [sic] will be weighed on the Owner’s scales by qualified personnel approved and provided by the Owner. [[Image here]] 3. … If fire were to strike a grower, petitioner would clearly have suffered the loss.

Hailstock v. Comm'r

112 T.C.M. 200 · United States Tax Court · Aug 8, 2016

Secretary, does clearly reflect income.” … To meet this burden, respondent must produce evidence establishing that it is appropriate to impose this penalty.

Nwachukwu v. Commissioner

79 T.C.M. 1411 · United States Tax Court · Jan 21, 2000

If a taxpayer has established that deductible expenses were incurred but has not established the amount of such expenses, we may estimate the amount allowable, bearing heavily if we so choose upon the taxpayer whose inexactitude … Clearly, if the more expensive device was $500, the total cost of both devices must be substantially less than the amount petitioner represented he paid in his reconstruction.

Sklar v. Commissioner

79 T.C.M. 1815 · United States Tax Court · Apr 5, 2000

We must conclude that such criteria are clearly applicable to a charitable deduction under § 170. Id. at 379. … Therefore, they do not qualify as charitable contribution deductions. In Hernandez v.

Strong v. Commissioner

91 T.C. 627 · United States Tax Court · Sep 14, 1988

We shall address this issue in an analytical fashion clearly delineating the steps in our inquiry. Did Petitioners Receive Rental Income? … It has long been established that income is realized when rent, dividends, or other entitlements are paid in form other than cash. 18 Sec. 61(a); sec. 1.61-1(a), Income Tax Regs.

Seaboard C. L. R. Co. v. Commissioner

72 T.C. 855 · United States Tax Court · Aug 22, 1979

Petitioner also attempts to establish the remaining service life of its rail by the classification of relay rail into two different groupings. … of the Secretary or his delegate, does clearly reflect income.