Case law

Fiorentino v. Commissioner

29 T.C.M. 1445 · United States Tax Court · Nov 17, 1970

Clearly the evidence presented by petitioner does not conform with the "adequate records" requirements. … Clearly such substantiation does not comport with section 274(d) or the regulations. Respondent's disallowance of these deductions must be upheld.

Miller v. Commissioner

84 T.C. 827 · United States Tax Court · May 13, 1985

If the practical effect in honoring the clearly expressed will of Congress is to grant amnesty to pre-1981 commodity tax straddlers, so be it. … Swift , J ., dissenting: The majority opinion holds that losses realized in a straddle transaction will qualify as short-term losses so long as "it can be said" that the transaction offered a prospect of a nominal profit

Levine v. Commissioner

54 T.C.M. 209 · United States Tax Court · Aug 24, 1987

Petitioner's alleged debt clearly does not fall within this criterion. … Petitioner's testimony, as well as the evidence of record, establishes that he was actually employed by Nassau County as the Superintendent of Real Estate.

Thermal Circuits, Inc.

United States Tax Court · Jul 7, 2026

Thermal does not contend, and the evidence does not establish, that the burden of proof has shifted to the Commissioner under section 7491(a) as to any issue. II. … In this light, the funds were clearly to be compensation for a service—future production volume at a higher output and a lower price per unit.

Estate of Boyd v. Commissioner

46 T.C.M. 328 · United States Tax Court · Jun 6, 1983

The issue is whether petitioner made a valid election to qualify for the special use valuation of farm property under section 2032A. Glenard B. Boyd (decedent) died on June 4, 1977. Petitioner, Thomas N. … Even if petitioner established reasonable cause, we could not grant petitioner the relief he seeks. Section 2032A was adopted to give estate tax relief to farmers and other small businesses.

A. Finkl & Sons Co. v. Commissioner

38 T.C. 886 · United States Tax Court · Sep 19, 1962

Petitioner’s claim for relief under the provisions of section 722, 8 more particularly paragraphs (1), (2), and (4) of subsection (b), 9 is predicated upon four alleged qualifying circumstances arising just prior to and during … The record also clearly refutes any contention that petitioner’s customers or the industries of which they were members were depressed during the base period by any “unusual circumstances.”

Estate of Belmont v. Commissioner

144 T.C. 84 · United States Tax Court · Feb 19, 2015

Respondent concludes that ‘‘the [e]state was clearly on notice that a prolonged legal fight was more than just a remote possibility at the time they claimed the charitable deduction and it should have known that there was … estate was 9 The Commissioner has interpreted the ‘‘so remote as to be negligible’’ standard from a quantitative perspective in the estate tax context, requir- ing at least a 95% probability that a bequest will pass to a qualifying

Ueckert v. Commissioner

45 T.C.M. 602 · United States Tax Court · Jan 31, 1983

. *737 On April 19, 1982, the Chief Judge denied petitioner's request for a grant of immunity because this Court has no authority to provide petitioner with immunity in this proceeding. See Hartman v. … If they fail to keep the required records, or the records kept do not clearly reflect income, the Commissioner is authorized by section 446 to compute income in accordance with such method as in his opinion does clearly reflect

Love v. Comm'r

103 T.C.M. 1887 · United States Tax Court · Jun 13, 2012

An ESOP may be formed as a stock bonus plan or as a stock bonus and a money purchase plan, both of which are qualified as tax- exempt entities under section 401(a). Sec. 4975(e)(7). … Further, the ESOP will not satisfy the requirements of section 4975(e)(7) and will cease to qualify as an ESOP.

Michael D. Brown and Mary M. Brown v. Commissioner

2013 T.C. Memo. 275 · United States Tax Court · Dec 3, 2013

From “day one” Brown helped establish Pasquale’s insurance career. … Qualified Property What is “qualified property?” As relevant here, the Code defines “qualified property” as property with “a recovery period of 20 years or less.” Sec. 168(k)(2)(A)(i)(I).

Poe v. Commissioner

46 T.C.M. 316 · United States Tax Court · Jun 6, 1983

It is established beyond question that to qualify as a valid return, a document must contain sufficient information to enable the Commissioner to compute the taxpayer's tax liability. ; , and cases cited therein. … . *469 The Forms 1040 filed by petitioners were thus clearly not valid returns. Petitioners filed a timely petition invoking the jurisdiction of this Court.

Schmidt v. Commissioner

54 T.C.M. 867 · United States Tax Court · Oct 5, 1987

establish that he or she provided more support for the child in the year than did the noncustodial parent. … establish that he provided more for the support of such child during the calendar year than the parent not having custody.

Lumpkin One Five Six, LLC, 156 Partners, LLC, Tax Matters Partner v. Commissioner

2020 T.C. Memo. 94 · United States Tax Court · Jun 23, 2020

The word “must” clearly requires that the donee receive at least the proportionate value. PBBM-Rose Hill, Ltd. v. Commissioner, 900 F.3d at 208. … We have established above that the contribution does not qualify under section 170 as a “qualified conservation contribution” because the deed’s extinguishment clause fails to meet the requirements of the proceeds regulation

Karagheusian v. Commissioner

23 T.C. 806 · United States Tax Court · Jan 31, 1955

The petitioners are the duly appointed, qualified, and acting executors of the Estate of Miran Karagheusian, deceased. Decedent, Miran Karagheusian, died October 7, 1948, a resident of the State of New York. … Such an assumption is clearly unwarranted.

Boeing Co. v. Renegotiation Board

37 T.C. 613 · United States Tax Court · Jan 10, 1962

Although petitioner was using direct labor standards to a degree, it established a committee, which existed in 1952, for the purpose of studying the feasibility of establishing and using such standards in the production of … It was clearly inefficient in its delivery of B-50’s in 1952.

Lawrence v. Commissioner

52 T.C.M. 870 · United States Tax Court · Oct 21, 1986

Petitioner established a joint account with Mrs. Broom in the Albany area. Petitioner also maintained a joint checking account with her husband and a personal savings account for herself. … These payments helped to support a school where petitioner's children were being educated.The religious education of petitioner's children was clearly a benefit to petitioner.

Elliott v. Commissioner

50 T.C.M. 1111 · United States Tax Court · Sep 19, 1985

that such amounts had been paid in the years in question; (2) it was not established that petitioners' local congregation was a qualified charitable donee within the meaning of sections 170(c) and 501(c)(3); and/or (3) it … We further note, however, that there is no evidence in this record to establish that petitioners' local congregation 26011 was either organized or operated so as to qualify it under the provisions of section 501(c)(3), as

Estate of Whitlock v. Commissioner

59 T.C. 490 · United States Tax Court · Dec 29, 1972

At all times since then she has acted in that capacity, and is the duly qualified and still acting executrix of the Estate of Leonard E. Whitlock. … Thus, the House had recognized that its version of subpart F might establish "stricter income tests" than the foreign personal holding company provisions. H. Rept.

Kelly Chafin Lim v. Commissioner

United States Tax Court · Dec 26, 2018

- 10 - a “qualified employer plan” includes a government plan, sec. 72(p)(4)(A)(ii), and a “government plan” includes any plan, whether or not qualified, established and maintained … Therefore, as a government plan, the 457 Plan constitutes a qualified employer plan.

Harbor Cove Marina Ptnrs. P'ship v. Comm'r

123 T.C. 64 · United States Tax Court · Jul 15, 2004

Collins reported on the Form 8082 that his share of HCMP’s qualified nonrecourse financing was $1,350,000 as of December 31, 1998. … The regulations interpreting section 708(b)(1)(A) establish a liberal approach to a finding of a business nexus sufficient not to terminate a partnership.