Case law

Stephens v. Commissioner

60 T.C.M. 197 · United States Tax Court · Jul 23, 1990

To qualify for the All-American an owner had not only to pay all installments of the entry fee but his horse had to also win sufficient qualifying points in preliminary races. … It is well established that in determining whether an activity is engaged in for profit a reasonable expectation of profit is not required, so long as the relevant facts establish that the activity was engaged in with a bona

Van Valkenburgh v. Commissioner

26 T.C.M. 753 · United States Tax Court · Aug 3, 1967

We are unwilling to permit the petitioner to pursue such a course with immunity. … While there may be some doubt as to whether a taxpayer is bound by an election to report income under an accounting method which does not clearly reflect income, it is well established that if the taxpayer elects a method

Estate of Smith v. Commissioner

94 T.C. 872 · United States Tax Court · Jun 13, 1990

Such being the case, the standard for our decision has been established by the Supreme Court in Badaracco v. … Moreover, if a donee executes a qualified disclaimer or receives property under certain property settlements, the transfer is not a gift, so these sections are clearly relevant.

Cottonwood Place, LLC, Hugh F. Smisson, III, Tax Matters Partner v. Commissioner

2020 T.C. Memo. 115 · United States Tax Court · Aug 4, 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. … 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.

Joseph Thomas Lander & Kimberly W. Lander v. Commissioner

United States Tax Court · Mar 12, 2020

In this case respondent established a proper foundation for Exhibit 5-R through the testimony of Mr. … Exhibit 5-R is clearly relevant and material to the matters in dispute in this case.

Pagel, Inc. v. Commissioner

91 T.C. 200 · United States Tax Court · Aug 8, 1988

When petitioner received the warrant, there was no active trading of Immuno warrants on any established market. … from the sale or exchange of a capital asset unless— (1) the security was, before the close of the day on which it was acquired (before the close of the following day in the case of an acquisition before January 1, 1982), clearly

Bilenas v. Commissioner

47 T.C.M. 217 · United States Tax Court · Nov 1, 1983

As an employee of Grumman, petitioner was covered by a qualified pension plan. However, as an adjunct professor, he was not covered by a retirement plan. … Deduction for contribution to Keogh Plan. -- Keogh plans may be established and maintained only by self-employed individuals, not by employees. Sections 401(c), 1402(c)(2).

Florida Country Clubs, Inc. v. Commissioner

122 T.C. No. 3 · United States Tax Court · Feb 3, 2004

Consequently, Ps do not qualify as prevailing parties under sec. 7430(c)(4), I.R.C. 2. … Commissioner,  - 15 - supra.9 The TBOR 2 amendment to section 7430(c)(4) is consistent with the congressional intent of immunizing the Government against claims for costs until the IRS

Barrera v. Comm'r

2014 T.C. Summary Opinion 30 · United States Tax Court · Apr 1, 2014

The monthly account statements clearly listed electronic deposits made by Mr. Moncada’s employers, including the DOD. Even a cursory review of those bank statements would have revealed that Mr. … does not qualify for streamlined relief because (as discussed above) she had actual 7 Rev.

Sheban v. Commissioner

29 T.C.M. 727 · United States Tax Court · Jun 22, 1970

With respect to the remainder of the telephone expenses claimed, petitioner has failed to produce any evidence whatsoever and has clearly failed to carry his burden of proof. … We also noted that "* * * it is clear that a person may be engaged in more than one trade or business, and writing need not be the sole activity of the taxpayer to qualify as a trade or business." ().

Dahlen v. Commissioner

24 T.C. 159 · United States Tax Court · Apr 29, 1955

The petitioners in Docket No. 44837 are the duly qualified executors of the estate of Robert E. Hannegan, who died October 6, 1949. … That the parties to the transaction intended to transfer the entire enterprise, instead of merely the physical assets, is clearly shown by testimony.

Julius M. Isr. Lodge of B'Nai B'Rith No. 2113 v. Commissioner

70 T.C.M. 673 · United States Tax Court · Sep 14, 1995

The legislative history defines the type of bingo games that qualify for exemption under section 513(f) : Bingo games qualifying for exemption . … Congress clearly envisioned a specific type of game in which a caller called out random numbers to a group of participants in a public setting. Other games of chance were specifically excluded.

Machacek v. Comm'r

111 T.C.M. 1248 · United States Tax Court · Mar 28, 2016

Petitioners also stated that the SBP trusts for both companies were never intended to qualify under section 401(a) as qualified retirement plans and have consistently filed Forms 1041 as taxable trusts with respect to … Section 402(b) in general does not differentiate between the plans that were intended to qualify under section 501(a), but failed for some reason, and plans that were never intended to qualify under section 501(a).

Capital Sales, Inc. v. Commissioner

71 T.C. 416 · United States Tax Court · Dec 27, 1978

Further, the statute requires that stock of the corporation to which the assets were transferred must be distributed in a transaction qualifying under sections 354 , 355 , or 356 . … Clearly, the circumstances herein do not place American-Standard in a sufficiently arm's-length status to avoid the application of the analysis articulated in DeGroff v.

Red Oak Estates, LLC, Amanda Farahany, Tax Matters Partner v. Commissioner

2020 T.C. Memo. 116 · United States Tax Court · Aug 4, 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. … 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.

Leanse v. Commissioner

67 T.C.M. 2198 · United States Tax Court · Feb 22, 1994

Therefore, to qualify for a deduction under section 280A(c), petitioner must establish that a portion of his dwelling is (1) exclusively used, *69 (2) on a regular basis, and (3) as the principal place of business for his … Clearly, petitioner does not meet the requirements of section 280A(c). Petitioner testified and stipulated that all his real estate activities were conducted at his Pacific Coast Highway office.

Beauvais v. Commissioner

49 T.C.M. 1346 · United States Tax Court · Apr 29, 1985

However, there are numerous other facts in this record which clearly show that petitioners are not entitled to the claimed charitable contribution deductions. … The granting of an exemption to qualifying groups is a matter of legislative grace and not a constitutional right.

Annuzzi v. Comm'r

108 T.C.M. 533 · United States Tax Court · Nov 13, 2014

Knight, who clearly intended to derive a profit from his horse-related activity. The evidence established that formal cashflow projections for a horse racing business would be speculative. … The evidence clearly established that Mr. Knight embarked on this venture with the  -35- [*35] intent to make a profit.

Adrienne Mennemeyer

United States Tax Court · Jul 28, 2025

But the general release clearly relates to Ms. Mennemeyer’s “employment and/or termination of employment with PNC” and the FINRA Arbitration. Ms. … Property for which trade or business use does not exceed 50% of its total use is not “qualified property.” §§ 168(k)(2)(D), 280F(b)(1), (3).

Tucker v. Commissioner

135 T.C. 114 · United States Tax Court · Jul 26, 2010

Even if the position of a non-officer employee is clearly established by law, i.e., ‘‘the duties, sal- ary, and means of appointment * * * are specified by statute’’, id., at 881, appointments … A position is most clearly ‘‘continuing’’ if it is permanently assigned sovereign authority that does not expire, inter alia, upon the passage of