Case law

Skelton v. Commissioner

55 T.C.M. 513 · United States Tax Court · Mar 29, 1988

The facts clearly do not support petitioner's contention. … Accordingly, petitioner does not qualify as an innocent spouse and *170 is not relieved of the 1983 tax liability.

Newman v. Comm'r

103 T.C.M. 1398 · United States Tax Court · Mar 19, 2012

Most notably however, a taxpayer will nevertheless fail to qualify as the “prevailing party” if the IRS can establish that its position in the proceedings, though unsuccessful, was “substantially justified”. … language of the statute such that the IRS’s interpretation of that statute is clearly unreasonable.

Estate of Miller v. Comm'r

97 T.C.M. 1602 · United States Tax Court · May 27, 2009

Miller established the Virgil J. Miller Living Trust (the revocable trust). The agreement establishing the trust also established a life estate marital trust for decedent (the QTIP trust). Mr. … MFLP established accounts at Fidelity Investments and Merrill Lynch.

New York Guangdong Fin., Inc. v. Comm'r

95 T.C.M. 1228 · United States Tax Court · Mar 11, 2008

Petitioner has convincingly established that it paid only $77,099.91 of interest to GXE during 1996. … Petitioner admits, and the record clearly establishes, that petitioner failed to file Forms 1042 for the years in issue.

Federal Nat'l Mortgage Ass'n v. Commissioner

100 T.C. 541 · United States Tax Court · Jun 17, 1993

Petitioner clearly “actually holds” mortgages which are “notes receivable, acquired in the ordinary course of trade or business for services rendered”. Sec. 1221(4). … Clearly, petitioner transferred all rights and interest in the yen it had borrowed when it swapped the yen for dollars pursuant to the related currency swap agreement.

Vesuvius Crucible Co. v. Commissioner

24 T.C.M. 750 · United States Tax Court · May 25, 1965

The answer depends upon whether the payment involved qualifies as an ordinary and necessary expense of the corporate business within the purview of section 162 of the Internal Revenue Code of 1954 . … This the taxpayer may do by demonstrating clearly that the payment was intended to result in the inurement of a business benefit. Interstate Drop Forge Co. v.

Hummer v. Commissioner

56 T.C.M. 657 · United States Tax Court · Nov 14, 1988

A "qualified individual" is one who has a "tax home" in a foreign country and who is "(A) a citizen of the United States, and establishes to the satisfaction of the Secretary that he has been a bona fide resident of a foreign … Since petitioner failed to meet the first requirement of section 911(d) of establishing a "tax home" in a foreign country, we need not discuss the additional statutory requirements necessary to be considered a "qualified

Rinkel v. Commissioner

58 T.C.M. 766 · United States Tax Court · Nov 27, 1989

It is equally well established that income is taxed to the person who earns it. Lucas v. Earl , 281 U.S. 111 (1930) . … Clearly, petitioner neither had substantial authority for his failure to report the large amounts of income that he received, nor did he adequately disclose such failure.

Jackson v. Commissioner

86 T.C. 492 · United States Tax Court · Mar 27, 1986

Furthermore, the payment of advertising costs does not clearly demonstrate the existence of a trade or business. … Nothing in the record indicates that Barrow and Jackson compiled lists of potential customers or established a distribution network within J & G’s territories.

Associated Industries v. Commissioner

7 T.C. 1449 · United States Tax Court · Dec 31, 1946

Furthermore, we think that petitioner qualifies as a "business league" under the tests laid down in the regulations. … kind ordinarily carried on for profit; and (5) its activities should not be confined to "the performance of particular services for individual members." 2 We have already pointed out that requirements numbered (1) and (2) clearly

German v. Commissioner

65 T.C.M. 1931 · United States Tax Court · Feb 22, 1993

German did not make any payments on his law school loans because he qualified for deferment. … the "adequate records" requirements of section 274(d), a taxpayer shall maintain an account book, diary, statement of expense or similar record * * * and documentary evidence * * * which, in combination, are sufficient to establish

Cushman v. Commissioner

4 T.C. 512 · United States Tax Court · Dec 27, 1944

In case of the *12 death or resignation or incapacity of both Trustees to act, then said Guaranty Trust Company of New York shall be entitled to qualify as Sole Trustee. * * * * * * * 9. … The petitioner was financially able to, and in fact did, support the children at all times since the trust was established.

Matthew v. Commissioner

38 T.C. 417 · United States Tax Court · Jun 27, 1962

Vacation or business trips to the United States during the taxable year will not necessarily deprive a taxpayer, otherwise qualified, of the exemption provided by this section. … We think the facts here presented clearly show that the petitioners were not mere transients or sojourners on the islands to which they were assigned, but were bona fide residents.

Rogers v. Comm'r

106 T.C.M. 85 · United States Tax Court · Aug 1, 2013

Petitioners therefore do not qualify for an exemption from self-employment tax for amounts PoW paid on their behalf. … No penalty will be imposed under section 6662(a) if the taxpayer establishes that he acted with reasonable cause and in good faith. Sec. 6664(c)(1).

National City Bank v. Commissioner

7 T.C. 485 · United States Tax Court · Jul 31, 1946

Broome, who is the daughter and only child of the decedent, was duly *120 appointed, qualified, and acting executrix of the decedent's last will and testament. Helen S. … The following provision in the trust indenture of October 4, 1921, seems clearly to make it a survivorship case and brings it within the rule of *135 the Duncan case, supra : III.

Goings v. Commissioner

73 T.C.M. 2065 · United States Tax Court · Feb 19, 1997

Although respondent has clearly and convincingly established that an underpayment exists with respect to each taxable year at issue, she has not clearly and convincingly established that a portion of any such underpayment … Moreover, petitioner has not established that such benefits were consistent with her then-existing lifestyle, nor has she established that they constituted normal support.

Greer v. Commissioner

70 T.C. 294 · United States Tax Court · May 22, 1978

Herein the facts clearly indicate that Greer intended to give the J. Gould bird prints to the University of Tennessee on December 22, 1972, and that he believed the gift was complete at that time. … Bruce Booker, the wife of a truck driver, respondent blocked introduction of evidence that could have established the dates on which Crabtree and Moore were transported.

Chapman Glen Ltd. v. Commissioner

140 T.C. 294 · United States Tax Court · May 28, 2013

Commissioner, 139 T.C. 67, 144 n.55 (2012) (stating that, where justice requires, the Court may disregard a stipulation which is clearly contrary … The record establishes, and we have so found, that petitioner owned EFR.

Procacci v. Comm'r

94 T.C. 397 · United States Tax Court · Mar 13, 1990

This hardly qualifies as “property of the same general type” as the golf course. … If petitioners Procacci, who must establish that respondent abused his discretion, i.e., that respondent’s determination was “unreasonable, arbitrary or capricious” (supra note 7), prevail, then clearly petitioner Penza,

Exxon Corp. v. Commissioner

63 T.C.M. 2067 · United States Tax Court · Feb 13, 1992

Cooper was clearly qualified to testify on these matters. We also believe that respondent has inaccurately characterized Dr. Cooper's expertise. … Ikuta is qualified as an expert in this area". As such, he was clearly qualified to testify about his understanding of Saudi oil policies, including his perception of the restriction. In addition, Mr.