Case law

Foster v. Comm'r

80 T.C. 34 · United States Tax Court · Jan 11, 1983

This transaction qualified as a section 351 exchange. … Helvering, 290 U.S. 111, 115 (1933); Rule 142(a)), and they have not established that the interest deducted related to some other project. 119 In other words, they have not established the requisite consistency demanded by

Kagan v. Commissioner

28 T.C.M. 617 · United States Tax Court · Jun 16, 1969

On the contrary, the few facts that are of record point quite clearly to the conclusion that the amounts received by petitioner *183 represented taxable compensation for services rendered to St. … Petitioner has utterly failed to establish that he held or was awarded a scholarship or fellowship grant in 1965 or that the disputed payments qualify for the exclusionary treatment provided for by section 117(a).

Birnie v. Commissioner

12 T.C.M. 867 · United States Tax Court · Jul 31, 1953

One additional employee became qualified for participation in the trust in 1946. … The entire record clearly establishes that Grace Correo, the employee who received the benefits upon termination of the trusts, was not a supervisory employee.

Zinsmeister v. Commissioner

80 T.C.M. 774 · United States Tax Court · Nov 30, 2000

Petitioner’s payment of $4,500 of Betty’s accrued attorney’s fees were clearly made to Betty and on her behalf. See Hopkinson v. Commissioner, T.C. Memo. 1999-154. … Thus, payments now qualify as long as termination would occur automatically under State law.

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.

Western Hills Residential Care, Inc. v. Comm'r

113 T.C.M. 1447 · United States Tax Court · May 31, 2017

Any other conclusion would create a bizarre tax system with perverse incentives for businesses to maintain themselves on the edge of insolvency in order to enjoy immunity from tax enforcement.” … The regulations clearly state that prior involvement means that an Appeals officer actually participated in an earlier, non-CDP matter. Id.

Moosally v. Commissioner

142 T.C. 183 · United States Tax Court · Mar 27, 2014

Again, the Appeals officer concluded that the taxpayers did not qualify for a collection alternative and that the proposed levy was appropriate. … It is well established that ‘‘in the absence of a ‘clearly expressed legislative intention to the contrary’, the language of the statute itself ‘must

Ralph G. Evans

United States Tax Court · Nov 6, 2023

Section 170(h)(1) defines “qualified conservation contribution” to mean “a contribution—(A) of a qualified real property interest, (B) to a qualified organization, (C) exclusively for conservation purposes.” 13 The term “ … Otherwise, no contribution of a qualified real property interest could qualify for a deduction.

January Transp., Inc. v. Comm'r

96 T.C.M. 390 · United States Tax Court · Dec 3, 2008

Koskie did not research whether the Cessna qualified for bonus depreciation. … Koskie’s attention was dated October 14, 2001, and clearly  - 18 - stated that the bill was not final. At trial Mr.

Cohen v. Comm'r

88 T.C.M. 331 · United States Tax Court · Oct 7, 2004

The language of the court’s order clearly is referring to an interest in Norman’s IRA. … Generally, under section 72(t)(1), a 10-percent additional tax is imposed on a taxpayer on that portion of an early distribution from a qualified IRA that is includable in the taxpayer’s gross income.

Estate of Carli v. Comm'r

84 T.C. 649 · United States Tax Court · Apr 9, 1985

Given that the requirement of "consideration in money or money’s worth” for Federal estate tax purposes invokes a higher standard of consideration than that required to establish the validity of a contract under State law … Petitioner has conceded in this proceeding that the life estate passing to Jennie does not qualify for the marital deduction. SEC. 2031. DEFINITION OF GROSS ESTATE.

Midwest Motor Express, Inc. v. Commissioner

27 T.C. 167 · United States Tax Court · Oct 31, 1956

Clearly, petitioner had no right to compensation which was accruable in 1944. … C. 176 , relied on by petitioner in support of its contention that its property had been involuntarily converted into a claim for damages is clearly distinguishable.

Ernst Kern Co. v. Commissioner

1 T.C. 249 · United States Tax Court · Dec 15, 1942

return for the fiscal year ended January 31, 1936, petitioner appended a memorandum entitled “Information Relating to Reorganization Consummated February 21, 1935,” stating therein that it believed the plan as’consummated qualified … The payments in question were clearly of that character.

Fiorito v. Commissioner

42 T.C.M. 1328 · United States Tax Court · Sep 30, 1981

Petitioner does not qualify for the 1402(g) exemption for several reasons. … Petitioner concedes he does not qualify for any of the statutory exemptions but argues the provisions infringe upon his freedom of religion.

Standard Paving Co. v. Commissioner

13 T.C. 425 · United States Tax Court · Sep 29, 1949

abuse of it is clearly shown," citing Brown v. … It is well established that deductions may not be taken without clear legislative authorization. In New Colonial Ice Co. v.

Computervision Int'l Corp. v. Commissioner

71 T.C.M. 2450 · United States Tax Court · Mar 18, 1996

receivables long antedates adoption of the Code, and it cannot be supposed that either the drafters of the Code or the legislatures that enacted it intended to work so drastic a change in existing law without clearly … We have considered respondent’s contentions with respect to the purported defects in the manner in which the sales were effected but conclude that petitioners have nonetheless established that sales of the qualified export

Taube v. Commissioner

88 T.C. 464 · United States Tax Court · Feb 26, 1987

Similarly, only property with respect to which depreciation is allowable qualifies for the investment tax credit under section 48(a)(1). … Even if we add the tax savings by way of investment credit (see note 31 infra), the total tax savings clearly would not generate enough funds to pay off the note.

Iversen v. Comm'r

103 T.C.M. 1128 · United States Tax Court · Jan 18, 2012

Contemporaneous daily time reports, logs, or similar documents are not required if other reasonable means exist of establishing a taxpayer’s participation. Id. … Iversen clearly was busy with his responsibilities as president of PMT, and the documented record in this case is particularly thin as to how much time Mr.

Atlee v. Commissioner

67 T.C. 395 · United States Tax Court · Dec 8, 1976

The only assets that we can clearly identify as emerging from the assets constituting the "unitary trade or business” of Hansen-Atlee are the two Burke notes, the used Airstream travel trailer, and the used car. … Hurley’s testimony established that the property in question was poorly located for potential development.

Reed v. Commissioner

39 T.C.M. 455 · United States Tax Court · Nov 8, 1979

In addition petitioner is opposed to being required to state any religious or non-religious affiliation to qualify for the exemption under section 1402(h) 2 for individuals of certain religious faiths. … Based on the record in this case, respondent has clearly established that as a matter of law he is entitled t prevail. Accordingly, respondent's motion for summary judgment will be granted.