Case law

Hall v. Comm'r

76 T.C.M. 473 · United States Tax Court · Sep 22, 1998

(3) Qualified Indian entity.-- (A) In general. … But the language of section 72(f) is clearly broad enough to include other types of income not subject to taxation, such as income exempt by reason of section 7873.

Boyles v. Commissioner

4 T.C. 1092 · United States Tax Court · Apr 3, 1945

Cleveland, Jr., are the duly qualified and acting independent executors and trustees under decedent's will. … A mandatory duty was imposed on the trustees under the terms of the will to apply the fund for that purpose, which was clearly charitable in nature.

Headline Publications, Inc. v. Commissioner

28 T.C. 1263 · United States Tax Court · Sep 30, 1957

This determination was then certified, under established procedure, to the chairman of the Excess Profits Tax Council in Washington, D. C. … An investigation discloses no changes with respect to the existence of the qualifying factor for such years.

Estate of Whiting v. Comm'r

87 T.C.M. 1097 · United States Tax Court · Mar 17, 2004

The second trust is the “Madge Williams Whiting Evans Trust”, established for decedent’s mother. The third trust is the “Courtney Brook Whiting Phaffenberger Trust”, established for decedent’s daughter. … Commissioner, 57 T.C. 288, 294 (1971) (references to the marital deduction and  - 19 - citations to section 2056 clearly establish that the trust’s purpose was to secure the marital deduction

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.

Zolghadr v. Comm'r

113 T.C.M. 1215 · United States Tax Court · Mar 22, 2017

A taxpayer must maintain books and records establishing the amount of his or her gross income. See sec. 6001. … Although they filed Forms 4562 for 2006 and 2007, they failed to establish when and from whom they had purchased the supposed equipment, and they failed to establish that they had made a valid section 179 election for years

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.

Hillman v. Commissioner

114 T.C. 103 · United States Tax Court · Feb 29, 2000

Respondent simply counters that there was an exercise of the Secretary’s discretion not to issue regulations addressing whether or not self-charged treatment and netting is clearly appropriate in situations other than lending … There is no indication that the Secretary considered situations other than lending transactions; i.e., that the Secretary specifically decided that no other transactions should qualify.

Goldman v. Commissioner

66 T.C.M. 1060 · United States Tax Court · Oct 19, 1993

Nor do we believe that petitioners' reliance on the qualified representations of a recognized *501 certified public accounting firm with respect to the MCDA-II operations was reasonable. … The notice of deficiency in this case clearly advises petitioners that a section 6661(a) addition to tax has been asserted.

Glen v. Commissioner

45 T.C. 323 · United States Tax Court · Jan 4, 1966

The only one of those rights which qualifies as adequate and full consideration is the right of support. … This distinction was clearly drawn in the opinion of the Circuit Court of Appeals in Harris v.

Stockton v. Comm'r

98 T.C.M. 103 · United States Tax Court · Aug 19, 2009

An abuse of discretion is defined as any action that is unreasonable, arbitrary or capricious, clearly unlawful, or lacking sound basis in fact or law. Thor Power Tool Co. v. … , except as may be relevant for purposes of establishing the law of the case, res judicata, collateral estoppel, or other similar doctrine

Aventis, Inc. and Subsidiaries

United States Tax Court · Jan 28, 2026

Additionally, the intent of the parties to the arrangement clearly favors the conclusion that the Series A/E Stock was equity. Accordingly, the Series A/E Stock should not be treated as a debt instrument. VI. … Conclusion Petitioner has not established that the arrangement among itself, SAAN, and Dynamo was a valid FASIT for the years in issue.

Boyt v. Commissioner

18 T.C. 1057 · United States Tax Court · Sep 19, 1952

This conclusion rests upon our findings of facts clearly established by the record herein. Briefly, the wives were part owners of the Boyt Corporation stock originally issued in the names of their husbands in 1934. … That fact clearly distinguishes this case from , and .

Bergman v. Commissioner

66 T.C. 887 · United States Tax Court · Aug 24, 1976

At the time of the decedent’s death, petitioner was a participant in a qualified pension plan maintained by his employer, Mathes, Bergman & Associates. … This is clearly set forth in La. Civ. Code Ann. art. 583 (West 1952), which provides: Art. 583.

Fredric A. Gardner v. Commissioner

145 T.C. No. 6 · United States Tax Court · Aug 26, 2015

R established at trial that Ps sold the corporation sole plan to no fewer than 47 individuals. Thus, R established that Ps were liable for the underlying I.R.C. sec. 6700 penalties. … Gardner with respect to the benefits of a religious corporation sole are clearly consistent with current law.”

Vasquez v. Comm'r

93 T.C.M. 660 · United States Tax Court · Jan 10, 2007

This is clearly a “fact that is of consequence to the determination of the action”, within the meaning of rule 401 of the Federal Rules of Evidence. … Also, petitioner’s efforts to raise the qualified offer provision were so clearly inappropriate and poorly conceived, and petitioner’s determination to further discuss the issue in both legal memoranda was so wasteful,

Ellis v. Commissioner

51 T.C. 182 · United States Tax Court · Oct 28, 1968

The control, i.e., the ability to force the trustee to exercise Ms discretion and make distributions to Viola, was not the type of control qualifying as a reservation of power under section 25.2511-2 (b), Gift Tax Pegs. … Moreover, petitioner’s obligation to support his wife during cover-ture is firmly established by Arizona law.

Davis v. Commissioner

26 T.C. 49 · United States Tax Court · Apr 10, 1956

If the vote was favorable to the *224 establishment and operation of retail liquor stores, such establishment was thereafter permitted for the following 2 years within the corporate limits of incorporated cities located within … On the contrary, all of the evidence before us establishes quite clearly that ACLDA funds were used mainly to defray the expenses of a campaign designed to persuade the voters of Anderson County to vote wet in the liquor

Handelman v. Commissioner

36 T.C. 560 · United States Tax Court · Jun 26, 1961

addition to its reserve for bad debts for the taxable year ended January 31, 1955; (2) whether the amount of bad debt reserve remaining after the trans-feror sold all its notes and contracts pursuant to a plan of liquidation qualifying … Clearly then the excess of face value over the amount realized did not constitute a loss realized by the corporation.

Sprint Corp. v. Commissioner

108 T.C. 384 · United States Tax Court · Apr 30, 1997

R determined that P's expenditures allocable to the software did not qualify for the ITC or depreciation under the ACRS. … However, as we have held, *72 the software is intangible and therefore does not qualify for ACRS.