Case law

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

United States Tax Court · Jan 31, 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.

Leventhal v. Commissioner

79 T.C.M. 1670 · United States Tax Court · Mar 20, 2000

However, both cases are clearly distinguishable. … constitute the only section 71(b)(2)(B) written separation agreement established by the evidence.

La Mothe v. Commissioner

58 T.C.M. 1358 · United States Tax Court · Feb 12, 1990

His daughter, Joan LaMothe Bebee, qualified *70 as the Executrix and Personal Representative of the estate. … At least to the extent of the cash bequest petitioner is clearly a legatee and as such meets the classic definition of a transferee under section 6901 . Sec. 6901(h) .

J. T. S. Brown's Son Co. v. Commissioner

10 T.C. 840 · United States Tax Court · May 17, 1948

The facts clearly show, we think, that Creel Brown, Jr., and his wife Lelia sold their stock outright late in December 1942 to Favret. … Hogan, but these shares were qualifying shares and were beneficially owned by Favret.

Rothman v. Comm'r

103 T.C.M. 1864 · United States Tax Court · Jun 11, 2012

Petitioners claim that local law and Web site printouts from the State of New York Department of State Division of Licensing Services establish that Messrs. Rosado and Knobel were qualified appraisers in 2004. … The appraisal clearly did not specify the actual or expected contribution date as required by the qualified appraisal regulation.

Nowran Gopi

United States Tax Court · Dec 2, 2021

Given that these facts are clearly established, the burden of proof does not play any role in this case. 4 In the alternative petitioner asserts that respondent bears the burden of proof in this matter … Different percentages and amounts are used to calculate the EIC, depending on whether the eligible individual has no qualifying children, one qualifying child, or two or more qualifying children. Sec. 32(b); Rowe v.

Straight v. Commissioner

74 T.C.M. 1457 · United States Tax Court · Dec 29, 1997

Petitioner points out that courts have said that the Commissioner cannot require a taxpayer to stop using an accounting method that clearly reflects income, even if another method might more clearly reflect income. … Petitioner points out that we held that a taxpayer qualifies under Rev.

Reisner v. Comm'r

108 T.C.M. 518 · United States Tax Court · Nov 6, 2014

In 2004 Ps granted to a qualified organization a facade easement on a townhouse they owned. … Ps and R now agree that the easement Ps contributed to the qualified organization was valueless.

Green v. Comm'r

95 T.C.M. 1512 · United States Tax Court · May 15, 2008

Of course, this establishes only that Green filed his “disclosure” documents with the IRS Service Centers, and not that the documents were sufficient as tax returns to begin the running of the statute of limitations. … We then clearly disqualified payments under the CSRA because the CSRA authorizes non-work-related injury compensation. In Merker v. Commissioner, T.C.

DiDonato v. Comm'r

105 T.C.M. 1067 · United States Tax Court · Jan 14, 2013

Commissioner,  - 63 - [*63] clearly reflects income. … first not predominantly used in a qualified business use.

Mark C. Klopfenstein v. Commissioner

2019 T.C. Memo. 156 · United States Tax Court · Dec 9, 2019

Country Clubs, Inc., Congress intended to immunize the Commissioner “from claims by taxpayers that positions taken by * * * the Exami- nation or Collections Division * * * are not substantially justified.” … (“The provisions of the qualified offer rule do not apply if the taxpayer’s liability * * * is determined exclusively pursuant to a settlement”).

Harris Hardwood Co. v. Commissioner

8 T.C. 874 · United States Tax Court · Apr 24, 1947

Petitioner qualified for the best merit rating in the first year that *228 such rating applied. … Clearly there was *237 no abnormality with respect to the kind of income.

VECO Corp. & Subsidiaries v. Commissioner

141 T.C. 440 · United States Tax Court · Nov 20, 2013

Anderson, 269 U.S. 422, 441 (1926); Caltex a qualified revocable trust as defined in sec. 645(b)(1)), sec. 7491(a)(2) re- quires the taxpayer to establish … Accord- ingly, the $225,000 qualifies as an established liability during petitioner’s TYE March 31, 2005, only if Marsh per-

Avco Mfg. Corp. v. Commissioner

25 T.C. 975 · United States Tax Court · Jan 31, 1956

The short answer is that the evidence of record, which evidence we have no reason to discount, clearly establishes such loss in the amount of $6,833,907.85, as contended by petitioner. … Hence, such distributions were clearly out of earnings and profits when made and constituted taxable dividends. We think that section 761 (d) (1) did not retrocatively change the status thereof.

Gibson v. Commissioner

89 T.C. 1177 · United States Tax Court · Dec 16, 1987

There was no written lease, and the record does not establish the terms of the oral agreement. … While the “binding election” rule is most clearly articulated in the category (1) cases, much of the litigation has involved category (2) or (3) cases.

Patton v. Commissioner

49 T.C.M. 1068 · United States Tax Court · Mar 27, 1985

Fraud can seldom be established by direct proof of the taxpayer's intention; therefore, petitioner's entire course of conduct must be considered and his fraudulent intent can be established by circumstantial evidence. … The $300 a month petitioner paid Ed Owen is clearly excessive for the minimal services he performed.

Mandel v. Commissioner

23 T.C. 81 · United States Tax Court · Oct 18, 1954

All of those cases are clearly distinguishable on their facts from the one here *84 before us. … Clearly, the payments here were not "for and in behalf" of Edna, but were specifically "for and in behalf" of Noel and Leon, III.

Wolder v. Commissioner

58 T.C. 974 · United States Tax Court · Sep 21, 1972

In the instant case, he received a little over 73 percent of the total compensation received in 1965 and a little less than 27 percent in 1966; clearly, income averaging is not available to petitioner. … The Surrogate's Court so held when the residuary legatee sought to compel the petitioner to qualify as a claimant against the estate.

Hamar v. Commissioner

42 T.C. 867 · United States Tax Court · Aug 11, 1964

Myron thereupon accepted said appointment, qualified, and took possession and control of all the estate assets as executor. … like that of the primary tax itself, may be made “by distraint” as well as “by a proceeding in court.” * * * That Congress provided a distinctly civil procedure for the collection of the additional 50 per centum indicates clearly

New York State Ass'n of Real Estate Bds., etc. v. Commissioner

54 T.C. 1325 · United States Tax Court · Jun 22, 1970

The purpose of establishing the reserve was to encourage sales by keeping a stable premium cost to the employer members insofar as possible. … Erroneous advice or a taxpayer's belief that no return is required is not reasonable cause for failure to file returns where the regulations clearly state that a return should be filed.