Case law

Debs Memorial Radio Fund, Inc. v. Commissioner

3 T.C. 949 · United States Tax Court · Jun 5, 1944

Clearly the doctrine of the Trinidad case, the Roche's Beach case ( 96 Fed. (2d) 776 ), the Hanover case, and the Unity School case, can not be applied to this corporation. … Clearly no money had on that account been previously paid in for stock, as paid in surplus, *961 or as a contribution of capital.

Glenshaw Glass Co. v. Commissioner

13 T.C. 296 · United States Tax Court · Sep 13, 1949

These three brothers were especially well qualified to conduct the business of petitioner. … From this, it seems to us, that Congress clearly intended for the "judgment or decree" to be in the nature of a liability.

Beauchamp & Brown Groves Co. v. Commissioner

44 T.C. 117 · United States Tax Court · Apr 28, 1965

Moreover, “it is now established beyond successful challenge that a court may seek out any reliable evidence as to legislative purpose regardless of whether the statutory language appears to be clear.” … Congress, in deciding to eliminate uncertainty and ignore some transactions that would have clearly been taxable to the corporation under prior law, obviously did not distribute its largesse with complete abandon.

John J. Dowson & Nancy R. Dowson

United States Tax Court · Sep 21, 2022

By relying on Rink, which involved a C corporation, petitioners are asking us to recognize an exception for S corporations, but they fail to establish how such a result is clearly supportable under the law. … To reflect the foregoing, An appropriate order will be issued. 10 Respondent does not dispute that the truck expenses are not qualifying property, e.g., that the semi-trucks constitute qualifying property

Professional Ins. Agents v. Commissioner

53 T.C.M. 9 · United States Tax Court · Feb 3, 1987

Petitioner qualified as a tax-exempt business league under section 501(c)(6) . … We think this requirement is clearly satisfied in the instant case. Petitioner's promotional activities produced revenues that were significantly in excess of the related expenses. Other than Mrs.

Hart v. Commissioner

41 T.C. 131 · United States Tax Court · Oct 29, 1963

However, as was said in Carl Shapiro , 40 T.C. 34 (1963) : But the avoidance of taxes hardly qualifies as "the production or collection *59 of income" under the statute [sec. 212(1) ], either literally or by any implication … As such, they were not ordinary and necessary expenses for the production or collection of income within the meaning of section 23(a)(2) [the predecessor of I.R.C. 1954 , section 212 ], but were clearly capital expenditures

Southeastern Finance Co. v. Commissioner

4 T.C. 1069 · United States Tax Court · Mar 31, 1945

Tyson, Judge: It is not disputed that petitioner qualifies as a personal holding company for the taxable years insofar as its stock ownership is involved under section 501 (a) of the Internal Revenue Code. 1 It is also undisputed … in determining whether the transaction constituted a loan or a sale; and that the presence of such a factor in this case and the absence thereof in the Western Acceftance Co. case clearly distinguish the two cases.

Hatcher v. Comm'r

112 T.C.M. 415 · United States Tax Court · Oct 6, 2016

The Carpenter note clearly was not “acquired * * * in connection with” any trade or business carried on by MBH. See sec. 166(d)(2)(A). … For taxpayers filing a joint return, only one spouse need qualify under this rule. Sec. 469(c)(2).

Ready Paving & Constr. Co. v. Commissioner

61 T.C. 826 · United States Tax Court · Mar 26, 1974

With respect to public contracts, however, petitioner must customarily submit bid bonds and qualify for a performance bond equal to the amount of the contract before its bid will be considered. … If this issue is decided in accordance with respondent’s contention, clearly petitioner has accumulated earnings at the end of each year here in issue well in excess of any reasonable needs of its business.

Thomsen v. Commissioner

51 T.C.M. 660 · United States Tax Court · Mar 20, 1986

Petitioners submitted on January 24, 1984, a five and one-half page "memorandum" which was filed with the Court as a "request for immunity". … Petitioners stated in such "memorandum" that they feared that a "non-tax crime" could be established from financial information they would have to produce to disprove respondent's determination in the notices of deficiency

Cruea v. Commissioner

50 T.C.M. 1377 · United States Tax Court · Nov 6, 1985

Fraud can seldom be established by direct proof of the taxpayer's intention; therefore, the taxpayer's entire course of conduct must be considered, and fraudulent intent can be established by circumstantial evidence. … Thus, taken as a whole, the evidence of record clearly and convincingly establishes that petitioners omitted embezzlement income from their 1979 return with intent to evade tax.

Estate of Gerson v. Comm'r

127 T.C. 139 · United States Tax Court · Oct 24, 2006

ARTICLE III of the Eleanor Gerson Trust established the Grandchildren's Trust. … Consequently, the power holder has no legitimate expectation of immunity from the 1986 GST tax amendments that might otherwise apply to generation-skipping transfers resulting from exercise of the power.

Dunitz v. Commissioner

7 T.C. 672 · United States Tax Court · Aug 30, 1946

The purchase and sale of such bonds was established by them as an activity inherently necessary to their business of managing buildings. … In 1932 the successor trustee was appointed and duly qualified as receiver in the foreclosure suit.

Dively v. Commissioner

66 T.C.M. 557 · United States Tax Court · Aug 30, 1993

The record clearly shows that petitioners had an agreement with Curtis to occupy the house, but it does not clearly and convincingly establish that the oral agreement involved its sale. … Petitioners have not established that they were the owners of the house and, thus, that the real estate taxes had been imposed on them. Nor have they established the amount of such taxes, or that they paid them.

Herberg v. Commissioner

53 T.C.M. 755 · United States Tax Court · May 4, 1987

For the reasons set forth above we agree with respondent that he has clearly and convincingly established that the underpayment which exists with respect to 1978 is due to fraudulent acts by petitioner; and consequently, … We, however, are unable to sustain the imposition of the addition to tax under section 6653(b) for 1977 because we are not satisfied that on this record respondent has clearly and convincingly established fraud with respect

Johnson v. Commissioner

46 T.C.M. 1084 · United States Tax Court · Aug 15, 1983

While it is true that due to existing facilities, the establishment of living quarters was clearly essential, the construction and maintenance of these facilities must be considered ancillary to the main business of constructing … In order to qualify for the special treatment, the value of the camp housing provided must qualify for exclusion from the employee's income *317 under section 119 in all respects other than location on the business premises

Morgan v. Commissioner

41 T.C.M. 358 · United States Tax Court · Nov 13, 1980

Clearly, such conclusion cannot be made. See Davis v. Commissioner , supra ; Glenn v. Commissioner , 62 T.C. 270 (1974) . … The testimony is too general and vague to establish that any additional automobile expenses were incurred to attend college.

McKnight v. Comm'r

109 T.C.M. 1224 · United States Tax Court · Mar 16, 2015

These sums are clearly set forth in the Forms 1099-R that petitioner received and State Street furnished to the IRS.2 Petitioner has likewise failed to establish a genuine dispute of material fact as to whether … The facts establish that $211,499 was actually distributed to petitioner in 2011 by State Street, the custodian of petitioner’s account with Lockheed Martin Salaried Sav- ings Plan, a qualified retirement plan.

Mack v. Commissioner

3 T.C. 390 · United States Tax Court · Feb 29, 1944

Murphy Co. from trustees of the trust established by said paragraph. He paid to the testamentary trustees the sum of $ 170.30 or $ 34.06 per share for the stock. … Libbey to educate the petitioner *187 in the business, to the end that he might not only qualify himself for a position of executive responsibility, but that, in doing so, he might also create an investment estate for himself

Van Alen v. Comm'r

106 T.C.M. 427 · United States Tax Court · Oct 21, 2013

Court of Claims aptly explained: The identity of the two values in the congressional mind is clearly indicated by the fact that the election by the decedent’s estate to use the alternate valuation date … As required by section 2032A, they both signed agreements consenting to personal liability for any additional taxes imposed as a result of the sale of the qualified property or cessation of a qualifying use.