Case law

Estate of Spruill v. Commissioner

88 T.C. 1197 · United States Tax Court · May 7, 1987

There has been continuous heavy pressure from brokers and qualified institutional investors. … Eliminating the 1983 transactions and the sale of the Ashford-Dunwoody Farm itself, which clearly does not qualify as a “comparable” sale, reveals a range of sales prices among the remaining properties of $117,216 to $283,018

Imes v. Commissioner

43 T.C.M. 628 · United States Tax Court · Feb 23, 1982

Also attached to the amended petition were documents entitled "Memorandum in Support of Request for Immunity"; and "Request for Grant of Immunity." … These deemed admissions clearly preclude petitioners from pursuing any genuine issue of fact at trial, and therefore entitled respondent to judgment as a matter of law. An appropriate order and decision will be entered.

Knipp v. Commissioner

25 T.C. 153 · United States Tax Court · Oct 31, 1955

The Mellon case, supra, is clearly distinguishable. … The two partners in the Knipp partnership saw fit for business convenience to qualify their rights to earnings.

Thompson v. Commissioner

38 T.C.M. 669 · United States Tax Court · Apr 17, 1979

He noted on such returns that his objections were taken under the 4th and 5th Amendments , and that he would supply information if granted immunity. Respondent's adjustments were based upon the original returns. … United States, 340 U.S. 367 (1951) , and to require him to answer if "it clearly appears to the court that he is mistaken." see also Ryan v. Commissioner, 67 T.C. 212 , 217 (1976) ; and Brod v.

Trask v. Comm'r

99 T.C.M. 1335 · United States Tax Court · Apr 15, 2010

In establishing whether a taxpayer’s real property activities result in passive activity losses, each interest in rental real estate is treated as a separate rental real estate activity unless the qualifying taxpayer … In order to receive this deduction, petitioner must satisfy three requirements: (1) He must establish that he qualifies as a real estate professional pursuant to section  - 9 - 469(c)(

Hoskinson v. Commissioner

48 T.C.M. 678 · United States Tax Court · Jul 31, 1984

Commissioner, 81 T.C. 806 , 815 (1983) , and the ULC charter is not qualified independently as an exempt organization. … The record clearly establishes that the ULC charter checking account was used to pay petitioners' personal expenses despite petitioners' attempt to characterize such expenses as church expenses.

Andrew Rush Wentworth v. Commissioner

2018 T.C. Memo. 194 · United States Tax Court · Nov 20, 2018

Exclusions from gross income are construed narrowly, and a taxpayer must clearly establish his entitlement to any such exclusion. Id. at 101. … Section 911(d)(1) defines “qualified individual” as follows: (1) Qualified individual.

Nat'l Educ. Ass'n of the United States v. Comm'r

137 T.C. 100 · United States Tax Court · Sep 28, 2011

A power, privilege, or immunity secured to a person by law <the right to dis- pose of one’s estate>. 4. … The phrase ‘‘right to receive’’ appears in dozens of different contexts in the 11 In fact the IRS points to two regulations, but one is clearly

Coal Property Holdings, LLC, Coal Land Manager, LLC, Tax Matters Partner v. Commissioner

153 T.C. No. 7 · United States Tax Court · Oct 28, 2019

It provides that “those uses will continue, subject to the terms and conditions of the documents establishing such uses.” … If the taxpayers’ “overriding intent” had been that the easement qualify under section 170(h), the court suggested, “they would not have included a provision so clearly at odds with the language of §

Capital City Excavating Co. v. Commissioner

47 T.C.M. 1527 · United States Tax Court · Apr 18, 1984

The ESOP had been established by the adoption of an ESOP plan on September 26, 1975. … The report of the joint conference committee at the time of the enactment of ERISA clearly states this need for balance: The conferees expect that the courts will interpret this prudent man rule (and the other fiduciary *

Ring Constr. Corp. v. Secretary of War

8 T.C. 1070 · United States Tax Court · May 15, 1947

But, since the act as finally passed affirmatively and clearly states that it is to be applicable to contracts “heretofore made,” we accept it as written. … The petitioner furnished its own capital, establishing a credit of $300,000 of which it utilized only $100,000. It received no public assistance as to capital.

Cavana v. Commissioner

40 T.C.M. 1169 · United States Tax Court · Sep 9, 1980

In January 1975 petitioner established an individual retirement account (IRA) and made contributions of $1,500 and $500 to the IRA in 1975 and 1976 respectively. … Here, the record clearly shows that petitioner was an active participant in a qualified plan in both 1975 and 1976.

McKinsey v. Commissioner

48 T.C.M. 1225 · United States Tax Court · Sep 26, 1984

McKinsey's BMW was used for business purposes 80 percent of the time and, hence, that 80 percent of the basis qualifies for depreciation. Mr. … Petitioners have not clearly established their right to a depreciation deduction based on an 80-percent business use allocation.

Hospital Corp. of America v. Commissioner

81 T.C. 520 · United States Tax Court · Sep 21, 1983

The record does not establish that this management fee based on estimated patient days clearly reflected the expenses of the services rendered by the parent corporation. … However, the record clearly establishes that HCA rendered substantial services in 1973 in the negotiation and execution of the King Faisal Hospital management contract on behalf of LTD.

Silverman v. Commissioner

71 T.C.M. 2127 · United States Tax Court · Feb 20, 1996

At this time Sheldon was already an established and successful businessman; he was a part owner of one of the largest junior dress manufacturers, Dawn Joy. … As a result, we hold that Nancy fails to qualify for innocent spouse treatment under section 6013(e).

Zaccaro v. Commissioner

51 T.C.M. 519 · United States Tax Court · Mar 3, 1986

Pursuant to section 44C(c)(6)(A)(i), the Secretary of the Treasury was given specific statutory authority to issue regulations which establish criteria to be used in prescribing performance and quality standards for renewable … property and that such regulation was clearly consistent with section 44C(c)(5)(A).

Stafford v. Commissioner

47 T.C.M. 172 · United States Tax Court · Oct 25, 1983

Stafford claimed the Fifth Amendment and demanded a grant of immunity. … As to the first argument, it is well established that a tax return, even though signed under penalties of perjury, is merely a statement of the taxpayer's claim.The return does not establish the truth of the facts or figures

Phillips v. Commissioner

86 T.C. 433 · United States Tax Court · Mar 24, 1986

The Congress intended the statute to apply to all who qualified. … The dummy returns previously filed in this case were *159 clearly not returns filed by an individual as required by the unambiguous language of section 6013(b)(1): In general. -- Except as provided in paragraph (2), if an

Abrams v. Commissioner

60 T.C.M. 915 · United States Tax Court · Sep 27, 1990

OPINION Section 911(a)(1) allows a "qualified *577 individual" to exclude foreign earned income from gross income. … Section 911(d)(1) defines a "qualified individual" as one who has a "tax home" in a foreign country and who is: (1) a citizen of the United States, and establishes to the satisfaction of the Secretary that he has been a "

Seabrook Property, LLC, Seabrook Manager, LLC, Tax Matters Partner

United States Tax Court · Jan 21, 2025

It was established in 2006 and has sold about ten units per year over its lifetime, including ten sales in 2017. … Qualified Appraiser Having addressed the Commissioner’s arguments with respect to the “qualified appraisal” standard, we turn to the related “qualified appraiser” standard.