Case law

Estate of De Bie v. Commissioner

56 T.C. 876 · United States Tax Court · Jul 29, 1971

On March 30, 1959, P.R.F. qualified as a tax-exempt organization under the provisions of the Internal Revenue Code of 1954. … Nor do the Income Tax Regulations under section 616 and 615 clearly define the terms “development expenditures” and “exploration expenditures,” doing little more than paraphrasing the statute.

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.

Ets-Hokin & Galvan, Inc. v. Commissioner

21 T.C.M. 717 · United States Tax Court · Jun 1, 1962

We think it would be unfortunate to conclude, unless the statute clearly compels it, that a long-established business custom must be abandoned in order to qualify a profit-sharing plan for the employees of that business, … QUALIFIED PENSION, PROFITSHARING, AND STOCK BONUS PLANS.

TBL Licensing LLC F.K.A. the Timberland Company, and Subsidiaries (A Consolidated Group)

United States Tax Court · Feb 8, 2022

Under that construct, the old corporation’s asset transfer will qualify for nonrecognition treatment under section 361(a) and the stock distribution will qualify for nonrecognition treatment under section 361(c). 6 The … Even so, two private letter rulings do not an established administrative practice make. See Lucky Stores, Inc. & Subs. v.

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.

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.

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

Odend'hal v. Commissioner

80 T.C. 588 · United States Tax Court · Mar 28, 1983

Clearly it is difficult, if not impossible, to estimate accurately the value of anything 25 years in advance. … Respondent clearly is correct and petitioners are incorrect on this issue. Unser v. Commissioner, 59 T.C. 528 (1973).

United States Mineral Products Co. v. Commissioner

52 T.C. 177 · United States Tax Court · May 5, 1969

Clearly, however, it “is competent for the parties to agree that a written contract shall take effect as of a date earlier than that on which it was executed, and when this is done, the parties will bo bound by such agreement … Because it constitutes depreciable property when used in the operation of a business, it does not qualify as a capital asset under section 1221, but, if held for more than 6 months, its sale or exchange may result in capital

Howell v. Commissioner

57 T.C. 546 · United States Tax Court · Jan 31, 1972

Clearly Hectare was attempting to make a profit and thereby was a business corporation. … Clearly the intent of the shareholders was to hold the property for investment.

Jeffrey A. Harper & Katherine M. Harper

United States Tax Court · May 10, 2023

Therefore, we cannot establish whether HCC ever owned the building facilities and structures it constructed before conveying them to its clients. … Nothing in the statute itself indicates that Congress is using the word “use” in such a special way, and we have found no contemporary dictionary definitions of “use” that clearly conform with Respondent’s interpretation.

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

Bush Terminal Bldgs. Co. v. Commissioner

7 T.C. 793 · United States Tax Court · Sep 20, 1946

The amendments are thus clearly shown to consist wholly of eliminations, except for the extension of the date at the end. … Provision was made, also, for the pledge, by petitioner, of all, except qualifying shares, of the outstanding stock of Bush House, Ltd.

Jesse C. Morreale

United States Tax Court · Jul 15, 2021

For these, AO Largent concluded that “[t]here isn’t sufficient evidence to establish the taxpayer ever used the cash method of accounting” and that “the accrual books appear to clearly reflect income and expenses.” … Accordingly, we award only those costs that clearly relate to this proceeding.5 After reviewing the record, we find that there are 74.8 hours of professional time expended that qualified for reasonable litigation

Estate of Mouat v. Commissioner

23 T.C.M. 1717 · United States Tax Court · Oct 27, 1964

directed otherwise in its taxing statutes. 4 This proposition was established by the Supreme Court in Riggs v. … Accordingly, it is clearly established that the courts look to local State law to determine who shall bear the burden of the estate tax. Estate of Rosalie Cahn Morrison, 24 T.C. 965 (1955) ; Thompson v.

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

113 T.C.M. 1223 · United States Tax Court · Mar 23, 2017

Accordingly, the undisputed material facts establish that SO Alcorte did not abuse her discretion in conducting the balancing test under section 6330(c)(3)(C). C. … The regulations clearly state that prior involvement exists only when an Appeals officer actually participates in an earlier, non-CDP matter. Id.

Lockhart Creamery v. Commissioner

17 T.C. 1123 · United States Tax Court · Jan 8, 1952

The facts presented by petitioner established that the business of the milk plant showed a steady growth during the 24 months, and they further established that the earnings of petitioner did not reach by the end of the base … The Internal Revenue Code does not define “committed,” 1 but the respondent has set forth in some detail the “course of action” necessary to qualify as a commitment.

Allen v. Comm'r

118 T.C. 1 · United States Tax Court · Jan 4, 2002

Allen, Jr. 50 16.67 Total 300 100.00 (rounded) During its 1994 and 1995 taxable years, Foods incurred wages which qualified for the TJC. … The report of the House Ways and Means Committee, for example, explains clearly and unambiguously that the starting point for computing a corporation’s AMTI is “taxable income”.

Overland Corp. v. Commissioner

42 T.C. 26 · United States Tax Court · Apr 9, 1964

However, the Quartermaster Corps did not attempt to establish the detailed design of the vehicle. … However, the Army made no attempt to establish the detailed design of the vehicle.

Oman v. Comm'r

100 T.C.M. 548 · United States Tax Court · Dec 15, 2010

Above the signature line the notice read: “With reservation of all our rights, immunities and privileges we  - 11 - remain.” … It is the Internal Revenue Code that establishes a taxpayer’s filing requirement. See sec. 6012.