Case law

Estate of Nutter v. Comm'r

44 T.C.M. 1127 · United States Tax Court · Sep 15, 1982

Jones, a qualified real estate appraiser and farm manager from Aurora, Nebraska. Mr. … Thereafter, it was never clearly established that the letter ("appraisal") was in fact attached to the estate tax return as filed.

Shepard v. Comm'r

57 T.C. 600 · United States Tax Court · Feb 9, 1972

You have had experience in such matters and are much better qualified to draft the terms of an equitable and unambiguous agreement than I. … To preclude such a result seems, to us, clearly to be the reason why the supplemental agreement provided for the optional termination date.

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.”

Thomas v. Commissioner

84 T.C. 1244 · United States Tax Court · Jun 4, 1985

The documents executed by all parties concerned clearly called for joint action by the investors. … Thus, the note was clearly contingent.

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

Enterline v. Commissioner

40 T.C.M. 454 · United States Tax Court · Jun 12, 1980

The record clearly establishes to our satisfaction that, although Mrs. … Whether a taxpayer qualifies as an innocent spouse is primarily a question of fact.

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.

Johnsen v. Commissioner

83 T.C. 103 · United States Tax Court · Jul 24, 1984

Our decisions subsequent to Richmond Television represent the logical application of long-established principles. See Todd v. … guarantee fees in April 1976 at which time it had no proprietary or possessory interest in the Centre Square III property. 7 The Commissioner contends that his "theory” as framed by the pleadings "is that the deduction does not qualify

Lester v. Commissioner

50 T.C.M. 1327 · United States Tax Court · Oct 22, 1985

Neither of the organizations qualify for tax-emempt status. Both of these organizations acted to personally benefit petitioner. … Commissioner, 81 T.C. 806 (1983) . *106 If petitioner's contributions were made instead to ULC, Modesto, the contributions would qualify for a deduction, provided all other requirements are met, since ULC, Modesto was a qualifying

Hester v. Commissioner

64 T.C.M. 802 · United States Tax Court · Sep 21, 1992

The record also clearly establishes that petitioner did not investigate the leasing program before signing the lease. Petitioner made no attempt to verify the information contained in the promotional brochure. … His indifference to the merits of the program clearly demonstrates a lack of due care in making the investment in the EMCI program.

POLDRUGOVAZ v. COMMISSIONER

47 T.C.M. 860 · United States Tax Court · Jan 10, 1984

The record clearly establishes petitioners' pervasive use of the local congregation No. 00293 checking account to pay personal and family expenses and, conversely, the record is devoid of any evidence that would establish … It would have been a simple matter for petitioners to enter evidence which would clearly establish the extent to which the expenditures in issue related to the rental portion of their house.

Spurlock v. Comm'r

85 T.C.M. 1236 · United States Tax Court · Apr 29, 2003

We addressed and denied petitioner’s motions on the assumption that there were SFRs that qualified as section 6020(b) returns. … That income is clearly established by the evidence, and petitioner did not attempt to offer any 21 (...continued) W-2 that the Orchestra prepared show Federal income tax withheld of $30.17 for 1995 and $79.85

Boger v. Commissioner

42 T.C.M. 1555 · United States Tax Court · Oct 26, 1981

He stated on brief that: Obviously if a form [1040] is filed * * * and total immunity is not granted, the fifth amendment privilege must here be asserted. … Clearly, the Form 1040 petitioner submitted to respondent for 1977 did not comply with the rules and regulations with respect to the filing of returns.

Curry v. Commissioner

43 T.C. 667 · United States Tax Court · Feb 18, 1965

In form, the instruments are clearly debt. They contain an unconditional promise to pay interest and installments of principal on designated dates. … These cases are clearly distinguishable.

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

Charles E. Robbins & Nancy L. Robbins v. Commissioner

2017 T.C. Memo. 247 · United States Tax Court · Dec 18, 2017

On Schedule A, Itemized Deductions, they claimed deductions for medical and mis- cellaneous expenses, as well as a deduction of $849 for qualified mortgage insur- ance premiums. … As a result, these matters are deemed admitted and are conclusively established for purposes of this case. See Rule 90(c), (f). Respondent filed a motion for summary judgment on August 18, 2017.

Berger v. Commissioner

71 T.C.M. 2160 · United States Tax Court · Feb 22, 1996

Neither method would appear to reflect income more clearly than the other. … Respondent argues that the evidence in the record does not permit us to allocate the total Woodbine sale price of $680,000 among component assets qualifying and not qualifying for installment treatment. Cf.

Wehr v. Commissioner

51 T.C.M. 1401 · United States Tax Court · Jul 8, 1986

Under the regulations the earth coil does not qualify as solar energy property. … Commissioner, supra , the validity of section 1.44C-2(f) of the Income Tax Regulations also must be sustained as the regulations are legislative in nature and are not clearly inconsistent with the statute they implement.

Choctaw, Inc. v. Commissioner

12 T.C.M. 1393 · United States Tax Court · Dec 9, 1953

Petitioner's business was expanding, requiring larger inventories and accounts receivable, and it also desired to establish other branch agencies. … The evidence here clearly reveals that the real transaction between petitioner and the Insurance Company was intended between the parties as a loan and not as an investment in stock.