Case law

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.

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.

Gulf Tel. Corp. v. Commissioner

52 T.C. 1038 · United States Tax Court · Sep 25, 1969

Any doubts as to the indefiniteness of the elements making up petitioner’s theory are laid at rest by the testimony of respondent’s expert witness who was not only thoroughly qualified (as were also petitioner’s expert witnesses … No factors are present which establish that these conditions will not continue to exist beyond the initial term of the lease.

Amazon.com, Inc. v. Comm'r

113 T.C.M. 3947 · United States Tax Court · Mar 23, 2017

In sum, the evidence clearly establishes that Amazon’s website technology did not have a perpetual or “indefinite” useful life, and we reject respondent’s contention that it did. Dr. … The parties agree that the CSA is a “qualified cost sharing arrangement.”

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.

King Broadcasting Co. v. Commissioner

48 T.C. 542 · United States Tax Court · Jul 12, 1967

We do not believe that the program service agreements qualify as capital assets. … There is no evidence in the record to establish Musiking’s or petitioner’s bases for the franchise even if Musiking can be said to have purchased the franchise from Melody.

Parsch Realty Co. v. Commissioner

13 T.C.M. 845 · United States Tax Court · Aug 26, 1954

The stipulated facts establish that petitioner was a personal holding company in 1948 under section 501(a)(2). … We think the accruals for rent were clearly taxable income of petitioner in u948.

Kosonen v. Commissioner

79 T.C.M. 1765 · United States Tax Court · Mar 28, 2000

To make an election, a taxpayer must clearly notify the Commissioner of the taxpayer’s intent to do so. See Knight- Ridder Newspapers Inc. v. United States, 743 F.2d 781, 795 (11th Cir. 1984). … Whether Petitioner’s Intention To Elect Under Section 469(c)(7) Establishes That He Did So Petitioner contends that he intended to elect under section 469(c)(7), and that we should take his intent into account

Fruehauf Trailer Co. v. Commissioner

42 T.C. 83 · United States Tax Court · Apr 13, 1964

Kavanagh, 191 F. 2d 831 (C.A. 6, 1951), relied upon by petitioner, are clearly distinguishable from the instant case. … It also provides (3) that if the method employed does not clearly reflect income, “the computation shall be made in accordance with such method as in the opinion of the Commissioner does clearly reflect income.”

Pappas v. Commissioner

78 T.C. 1078 · United States Tax Court · Jun 17, 1982

Moritz Hotel partnership; (2) whether the exchange of partnership interests qualifies for nonrecognition treatment pursuant to section 1031, I.R.C. 1954; (3) whether petitioner received "boot” on the exchange; (4) whether … It is well established that, in general, an exchange of general partnership interests is an exchange of property of like kind, but that an exchange of a general partnership interest for a limited partnership interest is not

Zohoury v. Commissioner

46 T.C.M. 1521 · United States Tax Court · Sep 26, 1983

The $1,503 *218 of interest deducted with respect to their rental property was clearly investment interest. … The interest of $1,205 deducted with respect to the rental property was clearly investment interest.

Maher v. Comm'r

85 T.C.M. 1053 · United States Tax Court · Mar 25, 2003

Maher’s testimony to sustain his burden of establishing error in respondent’s determinations. … The evidence establishes that Mr. Maher paid $2,364 in automobile insurance in 1998.

Anyanwu v. Comm'r

107 T.C.M. 1591 · United States Tax Court · Jun 19, 2014

- 25 - [*25] she failed to establish the amounts of any deductible interest payments with respect to any qualified residence. For 2007 Ms. … Anyanwu provided no evidence linking any of the Forms 1098 to a qualified residence, and it is impossible to determine from their face which, if any, of the Forms 1098 relates to a qualified residence.

Hyon v. Commissioner

53 T.C.M. 700 · United States Tax Court · Apr 29, 1987

with annual sales of between one and two million dollars. 4 The gross receipts determined in this manner were then increased by Ramer by three percent because he concluded that petitioners would have less overhead than an established … Relief as Innocent Spouse To qualify for relief as an innocent spouse under section 6013(e) Mrs.

Aranda v. Comm'r

86 T.C.M. 543 · United States Tax Court · Nov 5, 2003

Aranda, as required by section 6015(b)(1)(A), and made a qualifying election on Form 8857 for taxable years 1985 and 1986, as required by section 6015(b)(1)(E). … established by the stipulation.

Temkin v. Commissioner

35 T.C. 906 · United States Tax Court · Mar 13, 1961

Not having the required cash and feeling he was not qualified to manage the operation of the apartment without the supervision of Shapiro, he also disposed of his stock to the same purchaser at the same time. … Clearly, these taxpayers did just that.

Mayworm v. Commissioner

54 T.C.M. 941 · United States Tax Court · Oct 20, 1987

Here, petitioner clearly did not know the legal or tax consequences of the purported loan in the amended return. … While it is clear that petitioner had no knowledge of the legal consequences of her husband's transactions, she clearly had knowledge of the basic underlying facts.

Estate of Grimes v. Commissioner

56 T.C.M. 890 · United States Tax Court · Dec 20, 1988

Here petitioner does not challenge the validity of this regulation, which clearly supports respondent's position in this case. … Revenue Procedure 74-5 provides that a case may be reopened if "the prior closing involved a clearly defined substantial error based on an established Service position * * *" or other circumstances exist which would indicate

Schwartz v. Commissioner

54 T.C.M. 11 · United States Tax Court · Aug 4, 1987

This clearly demonstrates that significant efforts were made to produce a profit from the film. … The record does not establish what part, if any, of the production budget represents qualified United States production costs.

Ziegler v. Comm'r

86 T.C.M. 423 · United States Tax Court · Oct 2, 2003

Proc. 2000-15, supra, that are to be used in determining whether an individual qualifies for relief under that section.7 Rev. … The record establishes that petitioner knew or had reason to know of the item giving rise to the deficiency because that item consisted solely of her own income.