Case law

Carpenter v. Comm'r

106 T.C.M. 62 · United States Tax Court · Jul 25, 2013

A “qualified conservation contribution” is a contribution (1) of a “qualified real property interest” (2) to a “qualified organization” (3) which is made “exclusively for conservation purposes.” … Commissioner, 54 T.C. 742, 757 (1970), aff’d, 445 F.2d 985 (10th Cir. 1971), the Court will follow the clearly established position of a Court of Appeals to which a case is appealable.

Kessler v. Comm'r

85 T.C.M. 1543 · United States Tax Court · Jun 26, 2003

Thus, the Court concluded that the taxpayers did not qualify for the extraordinary personal services exception. A similar result is required here. … Memo. 1998-310 (“If petitioner establishes that the activity was not a rental activity, he then must establish that he materially participated in the activity to avoid the proscription of section 469."). 2.

Crocker v. Commissioner

34 T.C.M. 1357 · United States Tax Court · Oct 14, 1975

In that transaction the Ruby property was petitioners' principal residence at the time of sale, and the construction of the Milan property began well within the established time limits for commencing constructing of a "new … The statute, however, clearly provides certain specific guidelines which must be met for the nonrecognition provisions to apply.

Doyel v. Comm'r

87 T.C.M. 960 · United States Tax Court · Feb 10, 2004

Respondent also explained why petitioner did not qualify for relief under section 6015(c). … Relief Under Section 6015(b) To qualify for relief from joint and several liability under section 6015(b)(1), a taxpayer must establish: (A) a joint return has been made for a taxable year;

Hooker Industries, Inc. v. Commissioner

44 T.C.M. 258 · United States Tax Court · Jun 24, 1982

This clearly was not petitioner's purpose in establishing the ESOP. Prior to the ESOP, petitioner had a profit-sharing plan in effect. … There is no dispute that petitioner's ESOP is a qualified plan under section 404. ↩ 12.

Coe v. Commissioner

33 T.C.M. 592 · United States Tax Court · May 15, 1974

Additionally, we have considered favorably Francia's hiring of and reliance on experienced and qualified help in the endeavor, Margaret E. Amory, 22 B.T.A. 1398 (1931) . … We think all of these factors are clearly indicative of a genuine profit motive. Respondent's position is that the venture did not constitute a trade or business.

North Wall Holdings, LLC, Schuler Investments, LLC, a Partner Other Than the Tax Matters Partner

United States Tax Court · Oct 21, 2025

The Court may nonetheless have jurisdiction over a petition filed by a TMP outside that 90-day period, but only if the TMP also qualifies as a notice partner and jurisdiction would be pursuant to section 6226(b). … Most importantly for purposes of the present discussion, section 6226(b), like section 6226(a), establishes a window of time within which to file.

Humberson v. Commissioner

70 T.C.M. 886 · United States Tax Court · Oct 3, 1995

The documentary record clearly reveals, however, that the correct amount is $158,680.98. 5 So stipulated. … This contention, however, is contrary to the well-established principle that the authoritative sources of Federal tax law are the statutes, regulations, and judicial decisions, and not informal publications authored by

Keystone Brass Works v. Commissioner

12 T.C. 618 · United States Tax Court · Apr 22, 1949

with part number 600626 would make a total of 8 parts, with a total monthly requirement of 83,385 pieces and on that date submitted a list of Defense Plant Corporation machinery which would be required for such a program, qualified … The record reveals clearly that the statutory and the regulatory requirements have been met by the petitioner.

Angerhofer v. Commissioner

87 T.C. 814 · United States Tax Court · Oct 21, 1986

We find, however, that one of the two factors for a present vested interest specifically required by the Supreme Court is clearly missing here: the testamentary disposition or automatic passage of a decedent-spouse’s share … A mere “expectancy” in a spouse’s income does not qualify for community property benefits under the tax laws. Westerdahl v. Commissioner, supra at 90.

Bryan v. Commissioner

32 T.C. 104 · United States Tax Court · Apr 16, 1959

They considered him to be qualified in tax matters and relied upon him. … The record here does not establish such a relaxed policy.

Dr. P. Phillips & Son, Inc. v. Commissioner

20 T.C. 435 · United States Tax Court · May 25, 1953

Expenses not clearly chargeable to citrus operations were allocated thereto in the ratio which citrus income bore to all income. … Except for this one reference to its alternative contention, which appears in a footnote, petitioner's original and reply brief seek to establish its right to relief under 721 (a) (2) (C).

Transupport, Inc. v. Comm'r

110 T.C.M. 268 · United States Tax Court · Sep 14, 2015

If a taxpayer’s method of accounting does not clearly reflect income, the computation of taxable income is made by a method that does clearly reflect income. Sec. 446(b). … No other badge of fraud, however, is clearly and convincingly established in this case.

Letourneau v. Comm'r

103 T.C.M. 1229 · United States Tax Court · Feb 21, 2012

Respondent concedes that petitioner is a qualified individual for purposes of section 911. … This treatment is clearly incorrect. For the relevant period, all her flights flew through international airspace and landed in the United States.

Associated Broadcasters, Inc. v. Commissioner

4 T.C.M. 355 · United States Tax Court · Mar 31, 1945

On *253 April 10, 1929, 25,000 shares were issued to the Church, including seven shares issued in the name of qualifying directors. … The petitioner was established for the purpose of operating a radio station. It furnishes broadcasting time to sponsors from whom the petitioner obtains its revenue and hence its income.

Hall v. Commissioner

32 T.C. 390 · United States Tax Court · May 29, 1959

s business immediately; however, it was unable to qualify to do business in Texas. On December 15, 1948, a new corporation was formed to take over the Weatherford Co. business. … destroyed *185 by fire at Weatherford in the office of a certified public accountant who prepared the 1948 Puerto Rican return and who was to establish a set of books for Midway Co.

The Morning Star Packing Company, L.P., The Morning Star Company, Tax Matters Partner v. Commissioner

2020 T.C. Memo. 142 · United States Tax Court · Oct 14, 2020

We have long held that obligations created by separate contracts, statutes, or regulations may qualify as deductible liabilities for Federal income tax purposes. Exxon Mobil Corp. v. … Commissioner, 114 T.C. at 317-318 (concluding hydrocarbon lease that did not clearly set forth and establish taxpayer’s obligations failed to meet first prong of all events test); see also Ohio River Collieries Co. v.

Gulf Oil Corp. v. Commissioner

89 T.C. 1010 · United States Tax Court · Nov 24, 1987

In that case, the Court stated that “a taxpayer who establishes a reserve in an effort to ensure against future losses is not entitled to a deduction at the time the reserve is established or funded. … To speak of a transfer of risk to a fund or reserve established by the insured is merely to describe “self-insurance.”

Satullo v. Commissioner

66 T.C.M. 1697 · United States Tax Court · Dec 22, 1993

A qualified conservation contribution is a "contribution of a qualified real property interest" to a "qualified organization", made "exclusively for conservation purposes". … The record in these cases clearly shows that not all units were available for rental at that time, and even assuming that some Al Hambra units were so available, *656 a general advertisement does not itself establish the

Burk v. Commissioner

51 T.C.M. 1156 · United States Tax Court · Jun 9, 1986

Respondent disallowed this credit because the water used in petitioners' heating system did not qualify as a geothermal deposit. … Commissioner, supra , the Court explained that this regulation was promulgated pursuant to a specific legislative authority and since it is legislative in nature, it should be sustained unless clearly inconsistent with the