Case law

Masters v. Commissioner

67 T.C.M. 2731 · United States Tax Court · Apr 21, 1994

erroneous standard. * * * These findings are not clearly erroneous based on the record before this court. … While there are situations where reliance on expert or professional advice may satisfy the reasonable and prudent person standard, a taxpayer must establish that the person upon whom he or she relied is qualified to give

Nash v. Commissioner

60 T.C. 503 · United States Tax Court · Jun 28, 1973

“The burden of proof, to establish the negative of this proposition, is on petitioner, and we recognize, as we must, that the capital gain provisions, being an exception to the normal-tax rates, are to be construed narrowly … Clearly tibe gain realized on the sale of 4620 Wakeley Street arises from the petitioner’s everyday operation of his business.

Modlin v. Commissioner

12 T.C.M. 11 · United States Tax Court · Jan 12, 1953

The petitioner was duly appointed and qualified as administratrix of the estate of her deceased husband on November 7, 1947. … Our findings of fact show clearly that the respondent established a prima facie case; and it is settled law that the burden of coming forward with evidence in rebuttal thereof then shifts to petitioner. ; (C.A. 6, 1943);

Tebb v. Commissioner

27 T.C. 671 · United States Tax Court · Jan 18, 1957

Pacific established and maintained contact with its customers through personal trips by its officers or employees, and by telephone, telegraph, and letter. … It is determined that no interest passed to the surviving spouse which qualifies and is available to be a part of a marital deduction. OPINION.

Simmonds Precision Prods. v. Comm'r

75 T.C. 103 · United States Tax Court · Oct 14, 1980

Clearly, this did not fix any cost to petitioner unless a value could be placed on the stock options. … The options were never actively traded on an established market.

Allen R. Davison v. Commissioner

2020 T.C. Memo. 58 · United States Tax Court · May 14, 2020

Lemay also agreed that Grant Thornton’s justification paper should serve to clearly establish that the only risk of enrolling in the new tool plan and the tool use plan is payment of additional tax and that neither plan … Therefore, the District  - 40 - [*40] Court enjoined petitioner from organizing, establishing, promoting, selling, offering for sale or helping to organize, establish, promote, sell

Estate of Gosch v. Commissioner

35 T.C.M. 353 · United States Tax Court · Mar 16, 1976

But those facts alone *330 do not necessarily establish that the debt was an enforceable claim against decedent's estate. … Clausohm the court stated that "the Legislature clearly and pointedly tells us, as well as personal representatives, that the required filing of claims cannot be waived." 234 So. 2d at 341 .

Syntron Co. v. Commissioner

1 T.C.M. 643 · United States Tax Court · Feb 22, 1943

We would hardly accept a statement in such reports as establishing a value. . So too, on this *449 record, such statements do not prove its absence. … The evidence, we think, definitely shows that the patent rights had a large value and demonstrates clearly that the statement of no value in the report was inaccurate.

Billings v. Comm'r

127 T.C. 7 · United States Tax Court · Jul 25, 2006

Billings and the Commissioner stipulated that he did not qualify for relief under either section 6015(b) or (c) because no deficiency was ever asserted against him and his wife. … David argues that it was filing the amended return that led Rosalee to be sentenced to less than a year, which qualified her for residence in a halfway house rather than imprisonment.

Humacid Co. v. Commissioner

42 T.C. 894 · United States Tax Court · Aug 19, 1964

The law with respect to gifts of appreciated property is well established. … This concept is more clearly expressed in the opinion of the Court of Appeals. See Libson Shops, Inc. v.

Sherwood Memorial Gardens, Inc. v. Commissioner

42 T.C. 211 · United States Tax Court · Apr 17, 1964

It occupies a position which clearly is distinguishable from that of Forest Lawn. … Commissioner, supra, we think petitioner qualifies for neither of them.

Condor Int'l v. Commissioner

98 T.C. 203 · United States Tax Court · Feb 26, 1992

Consequently, we hold that petitioners have failed to meet their burden of establishing their right to deduct the loss. Rule 142(a). … Clearly, the phrase “barred by any law or rule of law” does not include the inhabitant rule itself because that is the very rule sought to be eliminated by the enactment of section 1275(b) of TRA 1986.

Lansing v. Commissioner

35 T.C.M. 1421 · United States Tax Court · Oct 5, 1976

approval as a qualified plan under section *105 401(a) . … Operating expenses of automobiles used in a business are clearly deductible under section 162 . Section 1.162-1(a), Income Tax Regs.

Soni v. Comm'r

105 T.C.M. 1216 · United States Tax Court · Jan 28, 2013

A determination letter is issued only  -8- [*8] when a determination can be made on the basis of clearly established rules as set forth in the statute, a Treasury decision or regulation … The determination letter addresses only the qualified status of the plan under section 401(a) and does not address plan operation.

Miller v. Commissioner

93 T.C. 330 · United States Tax Court · Sep 13, 1989

Such future earnings would have been accessions to wealth and would clearly have been taxable. … This settlement payment is fully taxable, unless it qualifies under section 104(a)(2) as an amount paid "on account of personal injuries."

U.S. Bancorp v. Commissioner

111 T.C. 231 · United States Tax Court · Sep 21, 1998

Commissioner, 2 B.T.A. 444 (1925), to argue that the law is well established that a payment by a lessee to a lessor in order to terminate a lease is an ordinary and necessary business expense that is deductible under section … In such a case the termination fee is clearly deductible in the year incurred, as there is no second lease raising the possibility that the lessee will realize significant future benefits beyond the current taxable year as

Talmage v. Comm'r

95 T.C.M. 1122 · United States Tax Court · Feb 19, 2008

A qualifying day is a day on which the taxpayer was a qualified individual under section 911(d)(1). Sec. 1.911-3(d)(3), Income Tax Regs. Petitioner had 159 qualifying days in 1999. … Nevertheless, the evidence clearly establishes that he owned a 50-percent interest in the Vancouver property and did not report his portion of the gain when it was sold.

Egizii v. Commissioner

86 T.C. 450 · United States Tax Court · Mar 25, 1986

Clearly, petitioners did not actually manufacture the section 38 property in the ordinary sense of the word. … In light of the stipulated facts, they have not established that they, and not Miller, provided the specifications of construction.

Rosenberg v. Commissioner

36 T.C. 716 · United States Tax Court · Jul 27, 1961

investment market we fail to see bow a court can properly classify tbe issue, by reason of tbe redemption feature, as lacking in good faith or as not being wbat it purports to be. * * * In our opinion, tbe redemption feature, qualified … We are of the opinion that Congress under section 115,1.E.C. 1939, clearly intended to tax such distributions out of earnings and profits at ordinary income rates.

Windham v. Comm'r

113 T.C.M. 1318 · United States Tax Court · Apr 24, 2017

A taxpayer must clearly notify the Commissioner of the taxpayer’s intent to make an election. See Knight-Ridder Newspapers Inc. v. United States, 743 F.2d 781, 795 (11th Cir. 1984). … The mere fact that petitioner engaged a CPA to prepare her return will not suffice to establish reliance.