Case law

Greer v. Commissioner

79 T.C.M. 1405 · United States Tax Court · Jan 19, 2000

With regard to the $195,477 check issued to petitioner by the State's Insurance, the numerical code and other evidence at trial establish that $125,477 thereof constitutes interest. We so hold. … Although the court judgment amount of $170,000 clearly reflects income from personal injuries within the scope of  - 9 - section 104(a)(2), the additional $143,407 petitioner received constitutes

AMERCO v. Commissioner

82 T.C. 654 · United States Tax Court · Apr 26, 1984

Shoen the idea of establishing a one-way trailer rental system throughout the United States. Mr. … a lease, on the one hand, or clearly an agency arrangement, on the other.

O'Neill v. Commissioner

46 T.C.M. 1476 · United States Tax Court · Sep 22, 1983

Petitioners have clearly met their burden of proof here. The amount of the payment allocable to the casualty damage was established to our satisfaction. We do not find it to be unreasonable. … Thus, under respondent's own regulation, petitioners have established the amount of their casualty loss.

Estate of Haydel v. Commissioner

62 T.C.M. 956 · United States Tax Court · Oct 7, 1991

Under Rule 91(e) a factual stipulation entered into at trial is binding on the parties, unless the stipulated fact is clearly contradicted by other facts in the record or the aggrieved party can clearly demonstrate that justice … Robert clearly indicate that in spite of his failure to qualify as an executor he voluntarily assisted her in the administration of the estate either to protect his interest in jointly owned properties or because of his long

Farmer v. Commissioner

68 T.C.M. 178 · United States Tax Court · Jul 25, 1994

Accordingly, any loss from the investment in MCDA cannot qualify as a section 165(c)(1) loss. … Petitioner does not argue that the loss qualifies as a sec. 165(c)(3) ↩ casualty or theft loss. 3. In Estate of Mueller v.

Tomburello v. Commissioner

62 T.C.M. 863 · United States Tax Court · Sep 26, 1991

If a taxpayer fails to keep the required records or the records maintained do not clearly reflect income, respondent is authorized by section 446 to compute income in accordance with such method as in his opinion clearly … Failure to prove any one of the statutory elements will prevent the spouse from qualifying for relief. . There is no dispute that the first two elements of section 6013(e)(1) have been satisfied.

Chelsea Products, Inc. v. Commissioner

16 T.C. 840 · United States Tax Court · Apr 19, 1951

The attorney advised the Lohmans that the problems of petitioner would be simplified if, instead of qualifying petitioner to do business in several states, separate and distinct corporations would *229 be organized to sell … Agent shall pay the list price as established less 30%.

Bessemer Limestone & Cement Co. v. Commissioner

22 T.C. 303 · United States Tax Court · May 14, 1954

To qualify as a tax-free exchange under the statute in controversy, compliance must be had with three conditions. … Clearly, those prior rights are not recognized, in cases where stockholders are participating in the plan, if creditors are given only a face amount of inferior securities equal to the face amount of their claims.

Pike v. Commissioner

78 T.C. 822 · United States Tax Court · May 20, 1982

Section 38 provides that a credit against income tax is allowed to a taxpayer for qualified investment in certain property. … Sec. 1.461 — 1(a)(1), Income Tax Regs. 53 An examination of the facts clearly shows that Pike and Mukai did not pay any interest to Norwick or Windsor in 1975.

Reese v. Commissioner

69 T.C.M. 2814 · United States Tax Court · Jun 5, 1995

As a natural born entity of Tennessee, USA, I am a fully qualified Citizen of the United States of America possessing all rights and immunities guaranteed by the Constitution for the United States. 6. … As a natural born entity of North Carolina, USA, I am a fully qualified Citizen of the United States of America possessing all *257 rights and immunities guaranteed by the Constitution for the United States.

Ledoux v. Commissioner

77 T.C. 293 · United States Tax Court · Aug 10, 1981

Having established that the dog track agreement qualifies as an unrealized receivable, we next consider whether all or only part of petitioner’s gain in excess of the amount attributable to his share of tangible partnership … No such provision was made. 8 Furthermore, the agreement clearly stated that one of the assets purchased was Ledoux’s rights to future income.

Goodwin v. Commissioner

75 T.C. 424 · United States Tax Court · Dec 29, 1980

Such reasoning would lead to the absurd conclusion that any partnership established to do collectively what its participants formerly did individually or continue to do individually outside the partnership lacks economic … We think the expenses in Manor Care were clearly preoperating in nature.

Leedy-Glover Realty & Ins. Co. v. Commissioner

13 T.C. 95 · United States Tax Court · Jul 18, 1949

Its entire capital stock, except qualifying shares, was owned by Beach. … Exact records of the costs of the operations of each of the companies might have shown a result different from that reached by the respondent, but, admittedly, no such records were kept and could not now be established.

Boyter v. Commissioner

74 T.C. 989 · United States Tax Court · Aug 6, 1980

North Carolina, supra, established the rule that domicile of at least one of the spouses is necessary in order for a divorce decree rendered by one State of our Federal system to be accorded compulsory recognition by all … Clearly, in enforcing these provisions, the respondent has not only the right, but the duty, to determine the marital status of the taxpayer, and we have so held. Gersten v.

Veterans of Foreign Wars, Dep't of Michigan v. Commissioner

89 T.C. 7 · United States Tax Court · Jul 2, 1987

Clearly, with regard to these ordered boxes (about 2 to 4 percent of the total sent to people who participated in the program), petitioner was engaged in the sale of goods. … It has established an elaborate mechanism for targeting its activities and for keeping current the list of targeted members.

Smith Lake, LLC, David Hewitt, Tax Matters Partner v. Commissioner

2020 T.C. Memo. 107 · United States Tax Court · Jul 13, 2020

This exception applies to a “qualified conservation contribution”, which is a contribution of a qualified real property interest to a qualified organization exclusively for conservation purposes. … We have established above that the contribution does not qualify under section 170 as a “qualified 2 Although section 15.1 of the deed reads “unless otherwise provided by Georgia law” (emphasis added), petitioner

United Cancer Council v. Commissioner

109 T.C. 326 · United States Tax Court · Dec 2, 1997

The compensation of the Escrowee shall be established by the Agency, the Client, and Escrowee. … We cannot clearly identify which 23 of the 42 other prospect mailings are among the 71 stipulated sweeps prospect mailings.

Fokker v. Commissioner

10 T.C. 1225 · United States Tax Court · Jun 29, 1948

In May 1911 he qualified for a German pilot's license. … As clearly appears from the letters, Fokker had perfected certain designs for a bomber, a pursuit ship, and a bomb-launching device which he wanted the War Department to advance funds to develop, the designs to become the

Habersham-Bey v. Commissioner

78 T.C. 304 · United States Tax Court · Mar 2, 1982

such an individual when electing the percentage standard deduction may deduct an amount up to the full ceiling rather than only up the ceiling provided for married individuals filing separately and (if he or she otherwise qualifies … Under sec. 61(aXl), petitioner clearly is required to include these wages in gross income. It is well established that compensation for services, in whatever form received, is includable in gross income. Commissioner v.

Western Nat'l Mut. Ins. Co. v. Commissioner

102 T.C. 338 · United States Tax Court · Feb 28, 1994

During 1986, petitioner made net additions of $1,383,383 to insurance reserves established for prior accident years. … Congress clearly intended to prohibit an advantage in some cases, and the only question is where it drew the line. F. Artificial Increases 1.