Case law

Mills v. Commissioner

39 T.C. 393 · United States Tax Court · Nov 9, 1962

Commissioner , 368 U.S. 337 (1961) , both involved the receipt of consideration so plainly different from and in addition to voting stock that those cases are clearly distinguishable from that before us here. … It is too well-established to require citation of authority, that statutes should be reasonably interpreted in a practical and sensible light and that a construction leading to an unreasonable result should be avoided.

Wallmeyer v. Commissioner

59 T.C.M. 271 · United States Tax Court · Mar 28, 1990

Commissioner , supra at 99 . *194 The deficiencies that we uphold for 1982, 1983, and 1984 qualify as "substantial understatements" as defined in section 6661(b). … The facts establish that petitioner did not file income tax returns for the years in issue even though all of the items of income determined by respondent were clearly taxable.

Kightlinger v. Commissioner

76 T.C.M. 611 · United States Tax Court · Oct 5, 1998

The factual allegations were clearly aimed at establishing such wrongful conduct. … Schleier, supra at 334-336, clearly establishes the law in this regard: [Appellee] also suggests that our decision in United States v.

Estate of Armstrong v. Comm'r

119 T.C. 220 · United States Tax Court · Oct 29, 2002

Just as “not every payment to an organization which qualifies as a charity is a charitable contribution”, Estate of Wood v. … Clearly, the payments of decedent’s Federal gift taxes, either during his lifetime or after his death, do not represent donative transfers, nor were they for exclusively public purposes.

Illinois Power Co. v. Commissioner

83 T.C. 842 · United States Tax Court · Nov 29, 1984

Respondent should be allowed to establish a new rate base consistent with the provisions of this order but should not be permitted to increase said rate base above the amount established herein without further order of the … advertising were not income to the taxpayer, stating that: While petitioner had the right to receive the bottlers’ contributions under its agreements with them, all the facts and circumstances surrounding the transaction clearly

Wolfers v. Commissioner

69 T.C. 975 · United States Tax Court · Mar 21, 1978

Clearly HLW got a windfall to which it was not entitled under the Relocation Act. Under the Relocation Act the entire lump sum awarded was not to “be considered as income” when received. … No new qualified investment, therefore, was made for investment tax credit purposes. Sec. 46(c)(1). Accordingly, we need not reach the issue whether certain new assets constitute section 38 property.

Estate of Pfohl v. Commissioner

70 T.C. 630 · United States Tax Court · Aug 7, 1978

Treasury bonds, otherwise qualified for use at par in payment of Federal estate taxes, were purchased for decedent at a time when she was in a comatose state. … We also note that, as to $ 96,000 of bonds, the petitioner has never clearly indicated whether such bonds, or any part thereof, were to be used to pay estate taxes.

Tecumseh Corrugated Box Co. v. Commissioner

94 T.C. 360 · United States Tax Court · Mar 12, 1990

The National Park Service established a priority list with respect to the order in which properties would be acquired. … If mere knowledge that a governmental entity possessed the power to condemn an owner’s property was sufficient evidence of a threat of condemnation, then few sales of land to the public would fail to qualify as involuntary

Load, Inc. v. Comm'r

93 T.C.M. 969 · United States Tax Court · Mar 6, 2007

record before us and although ownership of the manufactured homes by the independent salespersons appears to be brief and rather transitory, we are not prepared to overlook the role of the independent salespersons who clearly … Accordingly, the costs in question do not qualify for the section 1.263A-1(e)(3)(iii)(I), Income Tax Regs. exception from inventory for on-site storage costs.

North Cent. Life Ins. Co. v. Commissioner

92 T.C. 254 · United States Tax Court · Feb 6, 1989

A deduction for compensation is clearly allowable under section 162 and therefore deductible under section 809(d)(ll). … Clearly, this procedure did not properly reflect income. Therefore, respondent’s disallowance was warranted.

Campbell County State Bank, Inc. v. Commissioner

37 T.C. 430 · United States Tax Court · Dec 11, 1961

Harkness, 1 B.T.A. 127 , 130 (1924).] [6] In Miles-Conley Co., 10 T.C. 754 (1948), affd. 173 F. 2d 958 (C.A. 4, 1949), the sole stockholder of a corporation (except for 2 qualifying shares held by members of his family) which … Only one branch office shall be established in any town or city. S. Dak. Code, see. 6.0304 (1939).

Saigh v. Commissioner

36 T.C. 395 · United States Tax Court · May 25, 1961

Building Inc. then drew a check in the amount of $2,205,000 to the order of Investment, a corporation in which Saigh held all but the qualifying shares of stock. … Petitioners argue that actions taken subsequent to the date of transfer, when combined with the original event, clearly establish the real intention of the parties.

David J. Maines & Tami L. Maines v. Commissioner

144 T.C. 123 · United States Tax Court · Mar 11, 2015

To qualify for the EZ Wage Credit, a taxpayer must own a business that has full-time targeted employees who receive qualified EZ wages. … Payments that are ‘‘undeniable accessions to wealth, clearly realized, and over which the tax- payers have complete dominion’’ are taxable income unless an exclusion applies. Commissioner v.

Rock Bordelon & Torie Bordelon v. Commissioner

United States Tax Court · Feb 20, 2020

The personal guarantee would qualify under section 465(b)(1)(B), if at all, only as an “amount[] borrowed”. Thus, Mr. … Indeed, under those circumstances a guarantor’s liability could clearly be distinguished from that in Brand v.

Johnson v. Commissioner

10 T.C. 647 · United States Tax Court · Apr 20, 1948

notice respondent stated as follows: (a) It has been determined that the deduction you have claimed on your return may not be allowed for reason that the circumstances of making such payments to Elizabeth Ross Johnson do not qualify … We believe the foregoing facts, which clearly indicate not only petitioner's strong desire for divorce, but also much effort and expense to accomplish that purpose, substantiate his testimony that he would not have signed

Lukens, Inc. v. Commissioner

54 T.C.M. 517 · United States Tax Court · Sep 15, 1987

The parties agree that to the extent the structures qualify for ITC under section 38 they also qualify for double declining balance depreciation under section 167(b)(2) ↩ . 16. … Petitioner states in a footnote to a brief that the swarf room, preheater, and furnace lean-to "clearly are mere shelters for machinery" and as such qualify under our holding in Scott Paper Co. v.

Roughen v. Commissioner

54 T.C.M. 510 · United States Tax Court · Sep 14, 1987

Petitioner bears the burden of establishing his entitlement to the claimed deduction. Rule 142(a); Welch v. Helvering, 290 U.S. 111 (1933) . *462 Petitioner has tailed to meet this burden. … An examination of the record in this case clearly indicates that an award of damages is warranted.

Wiener v. Comm'r

2008 T.C. Memo. 230 · United States Tax Court · Oct 14, 2008

Proc. 2000-15, sec. 4.01, have been satisfied but the requesting spouse does not qualify for relief under Rev. … Although the home is 28 As of Mar. 31, 2005, the Loismae Wiener Trust had assets with a value of $38,535.84. 29 The record does not clearly establish that the trust account at Charles Schwab & Co.

George L. Castner Co. v. Commissioner

30 T.C. 1061 · United States Tax Court · Aug 15, 1958

It is our opinion that the evidence of record does not convincingly show or establish that the value of the note at the critical date was any less than $7,000, the unpaid principal, amount thereof. … Neither of the witnesses expressed any view as to the value of the note as of the dates it was offered to them, one of them stating specifically that he did not feel qualified to express an opinion as to the fair market value

Ciba-Geigy Corp. v. Commissioner

85 T.C. 172 · United States Tax Court · Aug 1, 1985

It is determined that this allocation is necessary to prevent the evasion of taxes and to clearly reflect income. … , deductions, credits, or allowances between or among such organizations, trades, or businesses, if he determines that such distribution, apportionment, or allocation is necessary in order to prevent evasion of taxes or clearly