Case law

Altera Corp. v. Comm'r

145 T.C. 91 · United States Tax Court · Jul 27, 2015

Commissioner, 125 T.C. 37 (2005), aff ’d, 598 F.3d 1191 (9th Cir. 2010), we held that, under the 1995 cost-sharing regulations, controlled entities entering into qualified cost-sharing agreements (QCSAs) need not share … (final rule)—which the Department of the Treasury (Treasury) issued in 2003 and which requires participants in qualified cost-sharing arrangements (QCSAs) to share stock- based compensation costs to achieve an arm’s-length

Overland Corp. v. Commissioner

34 T.C. 1001 · United States Tax Court · Sep 16, 1960

The “push-back” provisions of section 722(b)(4) clearly contemplate that a taxpayer qualifying thereunder must show that as a result of the commencement or change in the character of its business which entitles it to relief … The petitioner has failed to establish that it is qualified for excess profits tax relief under either section 722(b) (2) or (b) (4). Reviewed by the Special Division. Decision will be entered tender Bide 50.

Bender v. Commissioner

26 T.C.M. 144 · United States Tax Court · Feb 14, 1967

This bare recital of the facts alone establishes that the claimed $44,844.18 deduction can be allowed only, if at all, as a "partially worthless debt". … This clearly implies a certain amount of discretion on the part of the Commissioner, the exercise of which should not be disturbed unless his decision is "plainly arbitrary or unreasonable", clearly not this case. H. W.

Agudelo v. Commissioner

110 T.C.M. 24 · United States Tax Court · Jul 7, 2015

-11- [*11] accession to clearly constitute gross income to the taxpayer). But Mr. … Agudelo, who has the burden of proof, has not established that he qualifies for relief from joint and several liability under section 6015(b), (c), or (f).

Haggard v. Commissioner

24 T.C. 1124 · United States Tax Court · Sep 28, 1955

They urge that the property on February 9, 1948, had a fair market value not in excess of $ 21,750 and the agreed purchase price established by the "Option" was $ 24,000. … The record fails to establish whether or not there was a right (appertinent to the land) to the adequate use *106 of water.

Ugorji Timothy Wilson Onyeani v. Commissioner

United States Tax Court · Jan 16, 2020

Respondent has clearly connected petitioner with income-producing activity by showing substan- tial payments from LaSalle and Tianjin. … Where (as here) the taxpayer’s records do not clearly reflect his income, the Commissioner is “authorized to use such methods as in his opinion clearly reflect- ed that income.” Webb v.

Estate of Cook v. Commissioner

66 T.C.M. 1523 · United States Tax Court · Dec 9, 1993

The primary objective is to demonstrate the ability of repeated doses of NPT-15392 to restore depressed immunity in tumor patients. … OPINION During the years in issue, decedent, or grantor trusts established by decedent, held stock in three subchapter S corporations, IRC, ARC, and BRC.

Estate of Posner v. Comm'r

87 T.C.M. 1288 · United States Tax Court · May 10, 2004

Furthermore, the fact that the IRS approved the marital deduction did not establish that Mrs. Posner’s powers were greater than inter vivos because the Trust would have qualified for the deduction if Mrs. … Posner’s will, when read together, clearly establish his intent to create a trust and grant decedent “a right to all trust income, and a general power of appointment over the trust, such that the trust would qualify for

Newberry v. Commissioner

17 T.C. 597 · United States Tax Court · Oct 5, 1951

The McConnell case involved a petition to establish a resulting trust and the Orphans' Court was held to be without jurisdiction. … It was clearly, we think, the intent of the reciprocal trusts here to keep control *106 over the income until the child became 30 years of age.

Finley v. Commissioner

46 T.C.M. 247 · United States Tax Court · May 25, 1983

It provides that a privately metered mailing for a petition qualifies for the timely mailing rule of section 7502(a) only if two conditions are satisfied: (1) the postmark on the envelope must bear *498 a date on or before … However, Wiese is factually inapposite for its concerned a private postmark which was clearly dated the ninety-first day.

Mitchell v. Comm'r

106 T.C.M. 215 · United States Tax Court · Aug 29, 2013

A “qualified conservation contribution” is a contribution (1) of a “qualified real property interest” (2) to a “qualified organization” (3) which is made “exclusively for conservation purposes.” … Commissioner, 54 T.C. 742, 757 (1970), aff’d, 445 F.2d 985 (10th Cir. 1971), the Court will follow the clearly established position of a Court of Appeals to which a case is appealable.

Estate of Lassiter v. Commissioner

80 T.C.M. 541 · United States Tax Court · Oct 19, 2000

In terms of the legal context, we are presented with a State statute that, in connection with its interpretive history, clearly demonstrates a bias on the part of Georgia lawmakers toward enabling trusts to qualify for … Here, of the two elements required to establish a qualifying income interest for life and consequent eligibility for the QTIP deduction, we decided above that the first had been met.

Aref v. Comm'r

97 T.C.M. 1598 · United States Tax Court · May 27, 2009

evidence to establish a rational basis for making the estimate. … Respondent has not established that petitioner did not maintain as his home a household that constituted for more than one-half of the taxable year the principal place of abode of an individual who qualified as petitioner

Green v. Commissioner

49 T.C.M. 1320 · United States Tax Court · Apr 25, 1985

The uncontroverted facts establish, however, that said contributions were to the checking account of the local Universal Life Church chapter that petitioners started and controlled, not to the Modesto organization. … Such use of the automobile and the funds "contributed" by petitioners clearly constitutes benefits inuring to petitioners.

Estate of Du Pont v. Commissioner

63 T.C. 746 · United States Tax Court · Mar 31, 1975

trustees are required to deliver the Hopeton voting shares free of trust “unto such of the Trustor’s descendants then living as a majority of the then acting Trustees, in their uncontrolled discretion, shall deem to be best qualified … Clearly decedent and his sister received no more than life estates in the Delaware Trust stock, at the conclusion of which the remaindermen, their children, were entitled to receive it in its entirety.

Miller v. Commissioner

14 T.C. 657 · United States Tax Court · Apr 21, 1950

The pension fund of the Northern Trust Co. was first established on April 1, 1913. … Such was clearly not the case in respect to the pension *664 rights acquired by either the decedent or his wife under the pension trust of the Northern Trust Co. here involved.

Kimbell-Diamond Milling Co. v. Commissioner

10 T.C. 7 · United States Tax Court · Jan 6, 1948

Qualifying shares were held by W. L. Newsom and Coleman Carter, Jr., husband of Kimbell's sister, Mattie Kimbell Carter. … It would seem on these facts that petitioner clearly brings itself within the language of the statute, and that the profit incident to the involuntary conversion would not be presently taxable.

Hollywood Baseball Ass'n v. Commissioner

42 T.C. 234 · United States Tax Court · Apr 21, 1964

Property may be held for inore than one purpose and if one of the dual purposes is sale to customers in the ordinary course of business, the gain thereby derived may fail to qualify for nonrecognition relief. … The parties clearly intended that the payment be for property previously owned and not for replacement of estimated future income.

Estate of Scofield v. Commissioner

25 T.C. 774 · United States Tax Court · Jan 18, 1956

On April 25, 1935, Douglas qualified as the successor testamentary trustee to William. … There is no evidence that the Bank violated any established banking practices.

Zips v. Commissioner

38 T.C. 620 · United States Tax Court · Aug 14, 1962

In the first place, such incompetency was judicially determined by the United States District Court in the action which George’s fiduciary filed for the specific purpose of establishing such incompetency as a basis for recovering … been too frequently recognized since its first appearance in the Revenue Act of 19135 to say now that it adds nothing to the meaning of “gross income.” ******* Here we have instances of undeniable accessions to wealth, clearly